What are an injured customer’s rights regarding the reporting of an accidental fall?

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What are an injured customer’s rights regarding the reporting of an accidental fall?

My daughter was injured pretty badly when she slipped in a puddle of water at a retail store. She was bleeding through her jeans yet they made us stay there for an extra 45 minutes to fill out an nicident report. She had just had reconstructed ACL repair on her knee 10/1/10. Not only did they keep us there, they also made us go to the bathroom with an employee. My daughter had to pull down her pants so they could take a picture of her injury. I was irritated but they said that they needed to take the picture with their store camera for the claim. I know this is against the law.

Asked on December 7, 2010 under Personal Injury, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your question made me cringe.  You were treated very poorly.  You should have called an ambulance and that would have been all the accident report you needed.  I would go and seek help from a personal injury attorney in your area as soon as you can.  Consultations in personal injury cases are generally free.  What are the damages from the fall?  Has she had to incur any additional surgeries?  Has she had to go for more physical therapy?  Did she miss time from school/work?  All this information will help you in determining the case.  As for you privacy rights, they seem to have been violated as well, although you could be seen as having consented unless you felt that you had no choice and were being held against your will. Kind of a false imprisonment theory.  Go seek help.


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