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Personal Injury Law (Accidents/Slip & Fall)/Injured from dropped boxes @ Safeway


My question: I was shopping @ Safeway yesterday and as I was looking at some bakery products, an blindly rounded the corner I was on with a pallet stacked way too high with boxes of frozen foods. Well about 6 or 7 boxes flew off of the top of the huge stack & a few hit me in the side of my leg. She apologized & seemed genuine. However after shopping for about 10 more minutes, I noticed my leg was sore, I lifted up my sweat pants & there was a bright red area. I showed a clerk at the checkout & he said he would tell his manager. I paid for my groceries and went home. When I got home, I called this manager who was not told of the incident. He took my # and said someone from their claims DEPT would be calling me and that he would be talking to the employee. Ok so this morning I wake up (called into work last night because my leg was sore & I am a nuts and do a lot of walking), so this morning, my leg now has a big bruise with redness. Should I go by the store? I really would like to have urgent care look at it but feel the store should pay my copayment. Thanks for any suggestions.


I’m sorry to hear about your injury and hope you are able to make a full and complete recovery. Your email raises several issues and I will do my best to answer them for you.

First, you should immediately seek the medical care that you need. Do not wait to hear from the store or talk to the store personnel. Get the treatment you need right now.

Second, you should determine what you want from this situation. You may have grounds to pursue a claim for damages. To do so, you would need to demonstrate that you suffered an injury because of the negligence of the store and that you suffered damages of a measurable significance. From your description, the store may bear at least some liability for causing your fall. It is unclear how significant your injuries are and only follow up medical care will help you make that determination. If you want to pursue a claim against the store, then you may want to consult with a local attorney who has experience with supermarket cases. You always have the option of pursuing the claim on your ownby notifying the store in writing that you have a claim for damages due to their negligence and then negotiate directly with their claims management person. In my experience, except in small value cases, working with an attorney will lead to greater compensation for you even after paying legal fees. In this case, if you have a significant injury, you may want to contact an attorney. If you have only a bruised leg, you may want to handle it on our own. When in doubt, seek the counsel of a lawyer.

If you only want the store to pay for your medical expenses, it is possible that the store in which you fell has what we call Med Pay coverage which would pay some or all of your medical bills regardless of fault. If you have not already done so, you may want to ask them if they have such coverage

I hope this information helps. Remember, the highest priority should be to get the medical care that you need as soon as possible.

Personal Injury Law (Accidents/Slip & Fall)

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Carol L. Schlitt


I am a New York personal injury attorney with over 20 years experience handling car accident and motor vehicle cases, slip and fill cases, medical malpractice, premises liability, pedestrian and bicycle accidents and personal injury cases. I have been named Municipal Attorney of the Year in New York City and had my cases listed among Top Ten Verdicts in New York. I publish the leading legal blog, New York Law Thoughts. I am active in the New York Trial Lawyers Association, and the Bar Associations of the Bronx, Brooklyn and Suffolk.


I am a New York personal injury attorney with over 20 years experience. I previously served as Associate Corporation Counsel in the New York City Law Department and was named New York Municipal Attorney of the Year. I served as Lead Trial Counsel for Manhattan Law firm of Acito and Klein. I have led my solo law practice for over ten years focused on personal injury and medical malpractice awards. My cases have been listed among the Top Trial Verdicts. I publish the leading legal blog, New York Law Thoughts. I am active in the New York Trial Lawyers Association and the Bar Associations of the Bronx, Brooklyn and Suffolk and I serve as a judge in the national collegiate moot court competition. I am admitted to practice in New York and the Federal District Courts, Eastern and Southern Districts.

• American Trial Lawyers Association • New York State Bar Association • New York State Trial Lawyers Association • Bronx Bar Association • Brooklyn Bar Association • Suffolk County Bar Association • Holy Cross Alumni Lawyer’s Guild • St. John's University Alumni Association • National Association for Female Executives

My writings have appeared in Newsday, The Long Islander, the Times of Huntington and the legal blog, New York Law Thoughts.

I received my undergraduate degree from the College of the Holy Cross in Worcester, Massachusetts and graduated from St. John’s University Law School. I have taken graduate courses at New York University.

Awards and Honors
• Named Municipal Attorney of the Year • Cases listed among the Top Ten Verdicts in New York State • My blog, New York Law Thoughts, has been listed as one of the leading U.S. Law Blogs

Past/Present Clients
I have had hundreds of clients over my 20 plus years as an attorney. All of my current clients are individuals living in the New York metropolitan area (Brooklyn, The Bronx, Manhattan, Queens, Nassau, Suffolk and Westchester). I can provide references upon request.

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