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  #1  
Old 05-31-2006, 10:27 PM
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Join Date: May 2006
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Home improvement store ACCIDENT


PA
I purchased a 25 Cubic foot refrigerator at a national chain home improvement store. It was a "green tag" markdown and I was informed I had to provide my own method of getting it to my home. I rented a tuck and dolly from the store itself and the fridge was shrinkwrapped and strapped to the dolly by a store employee. One employee attempted to pull the fridge and dolly up the ramp onto the truck with support on one side from myself and from another store employee on another. The pulling employee slipped going up the ramp and lost ontrol of the dolly which tipped and the fridge crashed down on me and dislocated my shoulder. The shoulder will most likely require surgery. I have retained a lawyer and the store attempted to settle with me 3 days after the accident but gave me no financial amount after I told them to call my lawyer. What can I infer from their call and does anyone have knowledge of any similar cases and potential outcomes?What is the name of your state?
  #2  
Old 05-31-2006, 10:57 PM
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Quote:
Originally Posted by actormm
What can I infer from their call
You can 'infer' that they MIGHT try to settle the matter as a 'courtesy'. There is NOTHING in your post to indicate that they are liable for YOUR injury.
They would only be liable if you can show a court that they were somehow NEGLIGENT or that they acted with malice. There is nothing in your post that either happened.
Contact YOUR medical insurance carrier.
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  #3  
Old 05-31-2006, 10:58 PM
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Join Date: Jul 2004
Posts: 17,799
Quote:
Originally Posted by actormm
PA
I purchased a 25 Cubic foot refrigerator at a national chain home improvement store. It was a "green tag" markdown and I was informed I had to provide my own method of getting it to my home. I rented a tuck and dolly from the store itself and the fridge was shrinkwrapped and strapped to the dolly by a store employee. One employee attempted to pull the fridge and dolly up the ramp onto the truck with support on one side from myself and from another store employee on another. The pulling employee slipped going up the ramp and lost ontrol of the dolly which tipped and the fridge crashed down on me and dislocated my shoulder. The shoulder will most likely require surgery. I have retained a lawyer and the store attempted to settle with me 3 days after the accident but gave me no financial amount after I told them to call my lawyer. What can I infer from their call and does anyone have knowledge of any similar cases and potential outcomes?What is the name of your state?
That is why you pay for deliery of big heavy items, it is worth the money. You will have to ask your attorney.
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  #4  
Old 05-31-2006, 11:06 PM
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Accident further info


PA

Actually, they admitted liability right away and signed a medial coverage form for me to bring to the hospital. The dolly was apparently attached incorrectly and the operator of thr dolly was the reason it fell on me. The adjuster who called me admitted the stores liability right away in the phone call as a means of having me not hire an attorney so I would keep more money from the settlement. I hired one anyway,
  #5  
Old 06-01-2006, 01:55 AM
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Quote:
Originally Posted by actormm
PA

Actually, they admitted liability right away and signed a medial coverage form for me to bring to the hospital. The dolly was apparently attached incorrectly and the operator of thr dolly was the reason it fell on me. The adjuster who called me admitted the stores liability right away in the phone call as a means of having me not hire an attorney so I would keep more money from the settlement. I hired one anyway,
Then ask your attorney these questions.
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  #6  
Old 06-03-2006, 12:41 AM
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Quote:
Originally Posted by actormm
PA

Actually, they admitted liability right away and signed a medial coverage form for me to bring to the hospital. The dolly was apparently attached incorrectly and the operator of thr dolly was the reason it fell on me. The adjuster who called me admitted the stores liability right away in the phone call as a means of having me not hire an attorney so I would keep more money from the settlement. I hired one anyway,
Do you have the acceptance of liability in writing? You decided to help load the refrigerator and accepted the risks that went along with that, including that the person loading it could slip and fall. As JETX said there's nothing to indicate liability on the store's part for this accident.
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