I FELL AT LOWES!!

Budsmoker187

Budsmoker187

Well-Known Member
ok so i was made a purchase of about ten 90lb bags on concrete at lowes. We pull our truck up to the loading zone where they store all the pallets of concrete bags. As we are waiting for our loader we realize they sent out this 70year old looking man who is struggling to load our 90lb bags. So being a young man my buddy and I decide to help him load some bags up, no problem... We got down to the last bags and I picked up a bag and walked across the wooden pallet, one of the planks broke and my foot got caught as my upper body and bag of concrete continued forward. My truck was parked parallel with the pallets so my head and upper body slammed agaist the side of the bed of the truck, while my right knee cap took the rest of the fall (my primary injury I'm dealing with still). I jumped up super quick and shook it off and was like I'm good I'm good... I was not good LOL. about 20 seconds after i got up i felt intense pain in my knee and my vision started blacking out, I remember leaning against the truck... then bang this 70 year old dude is shaking me awake... so i go chill in my truck as my buddy is freaking out and goes and get management and the whole deal. Im out of it at this point I lost consciousness again while sitting in my truck almost twice waiting for the management to come out. Im super dazed and fucked up i don't really remember to much detail but i do remember them having me write on a blank white paper everything that happened and I tried to be as detailed as possible. We filed the report and went home, I chilled for a few days and went on with life....



Fast forward, my knee has been hurt at least three times since then, including now... from simple movements or pivots of my knee. it sucks to be honest and it actually effecting my life and work life. I drive for a living and even pressing on the gas for extended periods makes my knee ache. Im only 24, i play softball, do lots of farming, martial arts, and kids and all of these things and more have been effected as a direct result of this reiccuring injury. Can I still take legal action?? Im not greedy which is why i didn't want to in the first place but shit, i don't have insurance and my knee is jacked up..
 
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urban1026835

Well-Known Member
there should be tape you would think of the incident? and since you filed a report yeah I would say there is for sure something you can do if at the least have your medical taken care of.
 
Diabolical666

Diabolical666

Well-Known Member
Budsmoker187 said:
they kept telling me its all on video.. what kind of lawyer should i be looking for??
Click to expand...
An accident attorney?
You wont get paid till you rack up alot of medical bills. If you dont, then you are not that hurt in their eyes. Your attorney will help you with a doctor Im sure
 
Fish Weed

Fish Weed

Active Member
This is what's called a Tort. You have to prove that Lowes was negligent in some way and that this negligence caused your injury. Any possible award ($$$) may be reduced under a theory of contributory negligence on your part because you took it upon yourself to load up the bags of concrete, depends on your states tort laws. What you have to prove is: Duty, Breach, Cuasation, & Damages. Breach (that is Lowes breached their duty to you) will be hard for you to prove here. Best course for you is to talk with an injury lawyer about this, they might be able to help or at least tell you if you have a case or not.
 
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bigbuddin84

bigbuddin84

Well-Known Member
I'm sorry you got hurt like that. But, because of your idiocy, this 70 year old man will probably lose his job if you decide to pursue this. That's just how the corporate world works. They will blame him for letting you "help". Think of how much weight you put on the spot where the pallet broke. All of your weight, plus the 90 pounds from the concrete, ALL concentrated on that one spot on one plank of wood. They weren't designed for that type of concentrated pressure. The weight is supposed to be distributed across the entire pallet.

You said you didn't have insurance. Seems like the only reasons you are going to try to go at them, is due to your own ignorance. Not being insured, and stepping somewhere you shouldn't. So if you had insurance, you wouldn't try to sue them, but just let your insurance pay. But since YOU don't have insurance, Lowe's should pay? Brilliant. People like you make prices higher for everybody. Do you think Lowe's will absorb the cost of the litigation and/or settlement? Nope! Consumers will. Thanks buddy!
 
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EastCoastGenetics420

Active Member
look into a personal injury attorney man.. a friend of mine got hit in a parking lot of home depot.. broke his leg and ran over his foot.. the driver took off.. and they caught it on film.. and it ended up being a home depot employee ...... after everything was said an done.. he settled out of court.. 84 grand after lawyer fees and shit..
 
FlyLikeAnEagle

FlyLikeAnEagle

Well-Known Member
You didnt seek medical attention at the time and from what I can tell you still havent. Now here you are weeks later claiming you're hurt? Maybe you hurt it playing softball after the fact, fell at home, etc etc. See the problem?
 
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reasonevangelist

Well-Known Member
The lesson here is: you're only young once, and you're not invincible; stop being a tough guy and let other people do what they are paid and insured (which you are not) to do (even if they look "old").

Been there though... it sucks to risk yourself with good intentions and then have an accident with no safety net. No one remembers you were trying to be a good, helpful guy, they only remember they don't want to pay for anything you can't legally obligate them to pay for. As soon as you injure yourself and need some help, everyone wants to flip to that whole "you made a mistake, so you deserve whatever happened, fucker!" thing. I get so tired of that whole thing.
 
tip top toker

tip top toker

Well-Known Member
Id have thought a lawyer would tell you you are sod out of luck. There is a reason that old guy got sent to load your truck. Without gaining permission from a supervisor or manager, theyre not liable for shit. Said old man would not have the capacity to authorise you to put yourself at potential risk, be it a broken pallet, or a wrenched back.

The way i see it, its not their fault at all, you caused this problem, not them. As has been said, they have insurance to cover such things, hence why they get their staff to do it, because they're covered, you're not. No matter how well your meanings were, you bypassed their safety protocols, which include getting an insured member of staff to do the job, not get the customer to do it.

I say save your mlney, ignore a lawyer, suck up your gut, and learn your lesson.
 
oldtimer54

oldtimer54

Well-Known Member
You should have let the oldman carry everything till he gasped his final breath......and then called Saul.......ohhhhhhhh The humanity !!!!!
 
Cpappa27

Cpappa27

Well-Known Member
If your lazy and looking for a quick paycheck then get a better job. If you went to a stack of concrete and grabbed the top bag and the stack fell on you then yeah its their fault. You knew you had knee problems so if you were that worried about it then you should have waited, but you got impatient. No ones fault but your own. Man up!!
 
smoke and coke

smoke and coke

Well-Known Member
if you would have stayed home it would have never happened.

you should have been fumbling inside the truck looking for a tip until the guy loaded it and then give him his 2 dollars.

the paper you filled out was filed in the circular file cabinet.

sorry for your injury but you saved 2 bucks or did you tip him anyway?
 
TakeTheTicket

TakeTheTicket

Well-Known Member
This is America.. sue the shit out of them. This aint no mom and pop shop; Corporations like Lowes use lawyers to get what they want, theres no reason why you shouldn't try to do the same. This is the system we have, play it to your advantage if you can. :hump:
 
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