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  #1  
Old 03-27-2006, 03:54 PM
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Join Date: Mar 2006
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Accident in Staples


What is the name of your state? California

While shopping in Staples I was hit in the head with product that fell from one of there shelves.

Am I entitled to any pain and suffering in addition to actual hospital and out treatment medical cost.

If not am I entitled to expenses incurred for time inconvenience and out of pocket transportation cost?


Don
  #2  
Old 03-29-2006, 08:21 PM
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Join Date: Oct 2001
Location: california
Posts: 7,789
It depends. How did the product fall off the shelf in the first place?
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  #3  
Old 03-29-2006, 10:20 PM
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Join Date: Nov 2005
Location: Alabama
Posts: 2,106
Can't help it ...love chicken little cases.....

Op must prove negligence....that store management knew or should have known that a dangerous condition existed-either in the stacking or the placement- then maybe a case..no lottery.
  #4  
Old 03-29-2006, 10:26 PM
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Join Date: Jan 2006
Location: Ldij can lick my sphincter.
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Quote:
Originally Posted by weenor
Can't help it ...love chicken little cases.....

Op must prove negligence....that store management knew or should have known that a dangerous condition existed-either in the stacking or the placement- then maybe a case..no lottery.

My response:

So, you don't think this is a res ipsa situation?

IAAL
  #5  
Old 03-29-2006, 10:37 PM
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Join Date: Jul 2004
Posts: 17,799
Quote:
Originally Posted by Pige
What is the name of your state? California

While shopping in Staples I was hit in the head with product that fell from one of there shelves.

Am I entitled to any pain and suffering in addition to actual hospital and out treatment medical cost.

If not am I entitled to expenses incurred for time inconvenience and out of pocket transportation cost?


Don
What was the product that hit you on the head?
How far above your head was the product before it fell?
Did you in some way touch the product or cause it to fall?
By any chance did this occur during an earthquake?
What are your injuries?
Did you make an accident report at Staples?
Have you communicated with their claims department?
How soon following the accident did you seek medical care?
What was the diagnosis and follow up care?
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