QUESTION
Can I recover for medical bills, pain and suffering?
Asked on Oct 03rd, 2013 on Personal Injury - Louisiana
More details to this question:
I went shopping at Lowes today and went into the garden area with my mom as I walked down the aisle by the pine tree section there was one that was low that was tipped on its side with the long wood stick that keeps the tree straight sticking way out in a corner low in the isle enough to walk right into. Well I it struck me right below my knee straight on to the front bone very painful, bruised and some skin tore. Anyway I reported incident to Lowes, then I took myself went to the emergency for bruises and pain on bone they gave me medication and did x-rays.
7 ANSWERS
Ronald A. Steinberg
Under Michigan law, if the trunk was visible where it projected into the aisle, then you do not have a case. By looking down, if you COULD have seen it (not whether you DID see it), then the fault was yours.
Answered on Oct 08th, 2013 at 11:13 AM
Edwin K. Niles
You certainly have a claim, but it may be diminished by comparative negligence. In other words, the insurance company for the store might claim that you should have seen the object.
Answered on Oct 04th, 2013 at 1:15 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Kind of a stretch, you don't explain how the stick struck you. Sounds like you struck it. There needs to be more of an explanation. Find out if there is a medical payments provision of the store's insurance policy. The insurance people call this "med-pay". It is not required, but if they have that coverage, they will pay for medical expenses (usually with a very small limit) regardless of fault.
Answered on Oct 04th, 2013 at 12:47 PM
Thomas Edward Gates
You can recover for your medical costs. However, you saw the tree in its configuration and yet you elected to walk by it without caution. You were at fault too.
Answered on Oct 04th, 2013 at 12:23 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Did you see the tree in front of you? Could you have avoided it with reasonable care? Then probably not. The most you are likely to get from Lowe's is payment of your medical bills. Send them a letter with your bills and ask for reimbursement.
Answered on Oct 04th, 2013 at 12:21 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan conditions that are "open and obvious" relieve a premises owner of the usual duty to maintain a safe premises and/or warn of dangers. There are some exceptions to this crazy rule adopted by the crazy appellate court judges (my personal opinion, which I believe the 1st Amendment allows) and you'd have to consult a local lawyer regarding your facts to see if any exception could apply (and at 1st blush they don't seem to).
Answered on Oct 04th, 2013 at 10:21 AM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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Yes but get a copy of accident report from Lowes.
Answered on Oct 04th, 2013 at 9:52 AM