Results 1 to 3 of 3
  1. #1
    Join Date
    Nov 2008
    Location
    san antonio tx
    Posts
    3

    Default Fall in a Produce Warehouse in Texas

    I work for a trucking brokerage and while out soliciting new freight, I fell in a produce company warehouse. This was about 1 pm, no one was back from lunch yet. When I got there I asked where the sales office was, and a lady on the dock pointed me toward the office. I tripped over the forks of a forklift and landed hard on a concrete floor. I injured my right knee badly, as well as my left arm and side. I was about 90 miles from home & my only thought was that I had to get home. I was in shock and terrible pain, but I didn't wait to make a report with the owners. 2 of the warehouse workers helped me up. Since then I've spoken to the warehouse owners and asked for the names of the guys who helped me, but they're ignoring me. They had promised to give me some loads of produce, but now they have reneged on the deal. I think they're afraid I'm going to sue them. Since I was on company time, my employer sent me to the company doctor, where I've had MRI, and treatment. This is going to be a long term injury. I had previously been in two very bad car accidents that left me with broken bones, etc., and this fall aggravated my right arm and has caused a condition called trigger finger to develop which locks my joints into place and has caused a lot of pain. Can I sue this warehouse? I'm very worried about my job here. I'm 54 years old and I've been working thru my pain. I didn't go to the emergency room that weekend (this happened on a Friday PM) because I couldn't afford the $250 co pay that the emergency room would have cost me. To be honest, I never thought my company would even send me to the doctor on their dime. I ran my own business for 10 years, and haven't been at this job for a year yet. Do I have any recourse here against this warehouse?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Fall in a Produce Warehouse in Texas

    how was the company negligent that caused you to fall?

  3. #3
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Fall in a Produce Warehouse in Texas

    You won't have too much luck suing based on your description of the facts.

    I had a fall at my shop, a retail environment, where a customer wasn't looking where he was going, walked into a machine, and was tripped by the machine stand. I turned the claim over to the insurance, and the customer told me he had no luck with the insurance.

    He even had no luck getting an attorney taking the case either, because most felt it would be a waste of time. Finally, the lawyer dumb enough to take the case wasted a year on it arguing with the insurance, gave up, and left my customer hanging, saying he "lost the file".

    In your case, it's not even a retail environment where customers are expected to walk, where more care should be excercised, such as keeping isles clear, and free of water and debris. You got there during lunchtime as you said, while no one was there, and the one person on the dock answered your question, pointing out where the office was. Giving directions, as compared to escorting you to the office are two different things, and you didn't indicate you needed any assistance walking through the warehouse, and she had no duty to escort you.

    As to talking to the "workers", when my insurance took over the case, my customer was told to talk to the lawyers, NOT to the workers. I have no idea why the warehouse hadn't turned the case to the insurance by now, except perhaps the case is so weak it's worth their trouble, but in that case you would be told in no uncertain terms that you CANNOT get comments from the workers. If they told you NOT to talk to the workers, instead of ignoring you, that would not only be perfectly legal, but doing exactly the legal thing.

    If you were an employee of the "brokerage", they should have workman's comp that would take care of it. That should cover the medical expenses as well as compensation if you're out of work. I was in business, had some employees with WC claims in NY, but I can't comment on the particulars of your state. Unfortunately, if the claim was filed, it'll drive up your employer's rates, all because, apparently, you weren't looking where you're going.

    Finally, I would expect forklifts in warehouses, and they would have forks on them, and people are expected to walk around it. It is not a retail isle where shoppers browse, so the warehouse being "negligent" is clearly not evident. I've even been in "Home Depot" plenty of times where there were forklifts in the isles, and numerous shoppers, including small children, walked safely around them without stumbling over the forks.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 10
    Last Post: 01-17-2011, 09:01 PM
  2. Request to Produce from Attorney
    By Thomas A Schaad in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 11-17-2009, 07:29 PM
  3. Subpoena to Appear and Produce
    By tjohnson in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 11-14-2009, 02:45 PM
  4. Debt Collectors: Creditor Cannot Produce My Signature
    By keeto67 in forum Debts and Collections
    Replies: 3
    Last Post: 03-14-2009, 01:34 AM
  5. Premises Liability: Slip and Fall On Ice in Texas
    By LucyV1976 in forum Accidents and Injuries
    Replies: 2
    Last Post: 02-02-2008, 02:58 AM
 
 
Sponsored Links

Legal Help, Information and Resources