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  • Took a fall...

    Took a fall Friday morning going into our local dept. store (not Walmart). Hit a small patch of ice near the sidewalk during a near blizzard and next I knew I was staring up at the sky: ZIP-BOOM.

    Bruised ribs and shoulder. Doc says no fractures, and I have no out of pocket office expenses, but Motrin's stock should be going up for the next couple of weeks

    So I get a call from Corporate asking how I'm doing (there had been an incident report). Of course they're worried, but IMO this was not worth litigation and I'm not very litigious anyhow. I told them the circumstances and the after effects - bruising, temporary pain and reduced range of motion (raising shoulder hurts). Basically like a good hit from a linebacker.

    I walk away with a kilobuck shopping card.
    Dr. Mordrid
    ----------------------------
    An elephant is a mouse built to government specifications.

    I carry a gun because I can't throw a rock 1,250 fps

  • #2
    On the grounds that the company can afford to lose $1000 very easily (?) then good for you.

    Otherwise, how do you feel about profiting from what is clearly an accident that is not their fault? They can't be expected to remove every patch of ice (its not even on the sidewalk), especially seeing as it was snowing heavily at the time.
    FT.

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    • #3
      It used to depend on whether it's a public sidewalk or a sidewalk on their property. Nowdays it doesn't make much difference, liability-wise. Ice and snow removal is the responsibility of the business owner, period.

      Given the climate these days they got off cheap. I assume they asked you to sign a liability waver?

      Kevin

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      • #4
        They can handle it. It's a huge chain in the midwest, Stores run 250,000-350,000 sq/ft. So big/good Walmart can't touch 'em and the store's busy 24/7/364 (closed Christmas day).

        Backstory is they frequently hire mentally challenged folks to do their carts and parking lot duties. A new one, a 30-something female, was told to salt the entryway in anticipation of the storm and failed to do so immediately. The blizzard started and I hit the ice that formed. Got the info from overhearing other (non-managerial) employees in the background after my fall.

        I was not asked to sign a waiver. If I come up with delayed issues I have a number/person to call and they'll pick up the tab for whatever care I'll need. Got a letter to that affect.

        Company has a very good rep. in these parts; good public citizen, supports schools, does charity work, hires handicapped and senior workers, family owned etc.

        Their handicapped policy can be interesting at times - this store has a guy working midnight stock who has Tourette syndrome. He curses, he barks, and he's by all accounts one of their best workers. Good for both of 'em.

        As far as my profiting - they offered it unprompted and said they should have supervised the new gal better. I'm going to turn it down? Neh - I've been hurting for 4 days now and am looking forward to another 2 weeks before these ribs stop hurting. I've also been a loyal customer for almost 40 years.
        Last edited by Dr Mordrid; 1 March 2010, 14:20.
        Dr. Mordrid
        ----------------------------
        An elephant is a mouse built to government specifications.

        I carry a gun because I can't throw a rock 1,250 fps

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