Loyd J. Bourgeois Injury & Accident Lawyer secured a significant settlement for a woman injured when a store display chair collapsed beneath her, obtaining compensation for her medical expenses and acknowledgment of fault from the store after a disputed premises liability claim.
Case at a Glance
- Case Type: Premises liability claim involving a defective store display chair
- Client: Woman with a prior work injury who was shopping at a retail store
- Accident Details: A chair placed on display for customers to try collapsed when the client attempted to sit, causing her to fall to the floor
- Injuries: Ongoing neck and back pain, numbness, headaches, and emotional distress
- Medical Treatment: Continued medical care for neck and back injuries, with a strong commitment to recovery
- Liability Dispute: The store manager and insurance adjuster accused the client of lying about the incident
- Evidence Challenges: Conflicting accounts about surveillance footage that the store later claimed was lost during a system upgrade
- Final Recovery: Significant settlement covering medical expenses and supporting the client’s future goals
- Additional Outcome: Store agreed not to contest liability, providing the acknowledgment of fault the client had sought
- Resolution: Lawsuit filed and successfully resolved through mediation
Tina first contacted our office years ago after a serious work injury left her unable to continue working. She needed help pursuing disability benefits, and we supported her through the entire process, from building her case to preparing her for a hearing and ultimately securing her benefits. Over the years, we stayed in touch through newsletters, mailings, and birthday cards.
A Store Display Accident Causes New Injuries
Years later, while shopping at one of her favorite stores, Tina attempted to sit in a chair placed on display for customers to try. As she sat down, the chair collapsed beneath her, sending her to the ground.
Pain, Medical Treatment, and Accusations From the Insurer
In the days following the fall, her pain did not improve. At a friend’s urging, she sought medical care and reported the incident to the store. Instead of concern, she was met with hostility. The store manager and later the insurance adjuster accused her of lying, speaking to her with anger and disbelief that left her shocked and hurt.
Emotional Toll Leads Her to Seek Legal Help
After a particularly upsetting call with the insurance adjuster, Tina reached out to us. She was dealing not only with ongoing pain, numbness, and headaches, but also the emotional strain and depression that followed. When we asked what success looked like to her, she told us she simply wanted her medical bills paid and an acknowledgment from the store that the incident was their fault.
Conflicting Stories and Missing Evidence
Our Metairie premises liability lawyer immediately contacted the store and its insurer, but were met with resistance, leaving us no choice but to file a lawsuit. During the case, conflicting accounts emerged. One witness claimed there was video footage of the fall, while the store manager said no video existed. The store later claimed the footage was lost during a system upgrade and never produced it.
Continued Treatment and Commitment to Recovery
Throughout the case, Tina continued to experience neck and back problems related to the fall. She remained committed to her treatment, and her doctor noted that she worked harder at recovery than many patients he had treated over the years.
Successful Mediation and Meaningful Resolution
The case ultimately resolved through mediation. During preparation, we again asked Tina what success meant to her. She still wanted her medical bills covered and acknowledgment that she was not lying. Given how the case had developed, she also shared a new hope, to have funds that could help her work toward buying her own home.
We secured a significant settlement that addressed her medical expenses and supported her future goals. We also obtained a concession from the store that it was not contesting liability, effectively acknowledging fault.
A Moment of Relief and Closure
As mediation ended, Tina smiled, thanked our team, and finally exhaled. The weight of feeling blamed and dismissed had lifted.
Tina is a fictitious name used to protect privacy.
