New York Personal Injury Lawyer Announces Settlement for Injury Caused by Faulty Packaging at a Long Island Department Store April 3, 2012

During the holiday season last year, a Huntington woman did some shopping at the Walt Whitman Mall. The woman purchased a large comforter and a store employee created a bag to carry the comforter. As the woman rode the escalator, the bag broke, knocking her down. She injured her head and back and required an ambulance to take her to the emergency room. The woman called and asked for a free consultation. After discussing the case with her, the woman asked us to represent her in an effort to collect compensation for her injuries. This week, we reached a settlement with the department store.

A Trip and Fall on a Department Store Escalator

My client had purchased a comforter at a department store at the Walt Whitman Mall in Huntington Station. The store employee packaged the comforter in a large plastic bag and created a handle between each side of the plastic bag so that my client could carry the package. The “handle” was constructed from tape. My client went straight from the cashier to the escalator intending to leave the store. While on the escalator, the handle fabricated by the store employee broke causing my client to fall backwards on the escalator striking her head, low back and left shoulder onto the escalator surface.

What Makes this A Personal Injury Case?

A negligence case exists whenever another person or organization’s negligence causes you harm or injury. In this case, the store employee offered to create a carrying device for the shopper to carry the comforter. The shopper, my client, had a reasonable expectation that the store employee knew what she was doing in offering this hand-crafted device. She relied on the employee’s recommendation that she should carry the comforter in the bag. But the bag the employee created was not safe. It broke and caused my client to fall and injure herself.

In the best situation, the department store should provide an appropriate means to carry the oversized comforter. Short of that, the employee should make sure the bag is safe and strong enough to carry the comforter before giving it to the customer.

What if the employee never offered the bag? If the employee had not offered the bag, then the store would not be liable. However, the store may lose customers if shoppers cannot carry items they purchase from the store.

I do not blame the employee. She was trying to help a customer. The fault lies with management for not providing the right supplies to employees.

Settling this Department Store Injury Case

As soon as the injured woman retained us to represent her, we started working on her case. We investigated the case so we could document the sequence of events that led to her fall and injury on the escalator. Once my client’s medical condition stabilized, we collected all her medical records and our medical review nurse assembled, reviewed and analyzed the records. I did the case law research to identify similar cases with similar injuries so we could put the maximum value on the case. I then prepared our Case Assessment, a comprehensive document that analyzes and assesses liability and damages, puts a value on the case and outlines what the case would look like at trial and in settlement. After reviewing the Case Assessment with my client, I presented the department store with a Settlement Proposal. After negotiations, we were able to reach a settlement that offered good value for the case and pleased our client.

I hope you found this information helpful. If you or a loved one has been hurt in a department store due to someone else’s negligence, you may want to consult a New York personal injury attorney experienced with such cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.

Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
www.nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com

This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.

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