What are my rights if I fell while reaching for something on a high shelf while I was shopping in a store?

UPDATED: Sep 29, 2022

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What are my rights if I fell while reaching for something on a high shelf while I was shopping in a store?

I was at a store shopping for a bra. I was on my tiptoes reaching for a bra that was on top row of metal poles, lost my balance and fell backwards. First injury was in my left arm above the elbow crease. A 1-inch metal rod punctured my arm and went in about 4 in. and the open wound was about 4 in. in diameter. My left middle back was scraped and bleeding. Paramedics took me via ambulance to an ER. The wounds were X-rayed, cleaned, arm stitched up and I went home with antibiotics and pain pills. Can I expect the store to pay medical costs? What other damages?

Asked on September 7, 2015 under Personal Injury, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Why would the store pay your medical costs--how was the store at fault? In personal injury cases, someone is liable, or responsible to pay compenation for injuries, only when at fault. In this case, you reached for something well over your head instead of, for example, asking a store clerk for help, lost your balance, and fell the store did nothing wrong and was not, based on what you write, at fault if they were not at fault, they were not liable for your injuries and would owe you no compensation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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