North Carolina  |  Personal Injury

Legal Question

Asked on: 3/28/05, 9:55 pm

Any NC statutes hold store 100% liable for injuries?

My mother was injured in a Goodwill Store on 12/22/04. She was trying a type of exercise equipment in which you hold onto a single bar for support and your legs move back and forth. The bar she was holding unexpectedly fell forward, thus she fell forward with the bar face first into bed rails. Sustained injuries were broken wrist and facial injuries. Thus far medical bills total around $3,000 and lost wages around $10,000. She began occupational therapy last week and remains out of work due to injuries. She has spoken with attorney's, none which will take her case on a contingency fee. However, they did state that she has a 'valid claim', but didn't explain on what basis. The little information obtained from them was re: contributory negligence in NC and one attorney asked the question 'Did you ask for instructions'? She did not as signs in the store say 'Inspect merchandise before purchasing'. Also, there wasn't a 'open and obvious risk' (products liability statute) for her not to try the equipment. Are there any other factors which they could be considering in support of contributory negligence? Could they be held 100% liable under 'products liability', statutes pertaining to premises liability, or any other statutes? Thanks

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