Houston Shopper Injured By Falling Bicycle
Most personal injury firms have entire pages dedicated to bicycle accident injuries. You see, in states like Texas that operate on a tort system, people who are seriously injured in car accidents tend to need personal injury lawyers to ensure they receive fair compensation from the insurance company. Most of these accidents involve cyclists who are injured by negligent drivers. However, a new case emerging from Houston reveals an entirely new form of bicycle accident injury.
According to one Houston shopper, he was seriously injured at a bike shop when one of the bicycles that was mounted from the ceiling fell on top of him causing injury.
A Houstonian was about to meet his wife and niece at a bicycle store. The next thing that he remembers, he was regaining consciousness on the floor of the shop. A bicycle that was suspended above customers had fallen on his head. When he woke up, he had a concussion, neck, and back pain. The man attempted to go back to work, but was unable to perform his job as a supply chain manager and ultimately had to miss weeks of work. He has since filed a lawsuit against the bike shop where he was injured alleging negligence.
According to the plaintiff, he was browsing when he asked a store worker, who turned out to be a middle-aged woman, to get the bike down from the top rung. The woman successfully got the bike down from the top rung, but not before it had knocked the plaintiff cold.
Elements of negligence
Essentially, this is a premises liability lawsuit. Customers are owed the highest duty of care. When you enter the premises of a proprietor, you expect the premises to be safe. If they aren’t, that’s usually the proprietor’s fault, but the plaintiff in such a lawsuit would have to prove foreknowledge. At least that’s how it works in slip and fall cases.
There are three ways to prove a premises liability lawsuit. You can prove that the proprietor knew about the dangerous condition, should have known about the dangerous condition, or caused the dangerous condition. In this case, the plaintiff will argue that the bike was negligently hung from the top-most part of the display and this resulted in injury. It won’t take a herculean feat of legal knowledge to show that the negligently-hung bicycle and a negligently trained worker are directly responsible for the plaintiff’s injuries. The plaintiff should be able to recover compensation for his medical expenses, lost wages, and pain and suffering damages.
Talk to a Houston Personal Injury Attorney Today
If you’ve been knocked unconscious by a hanging bicycle, then you may be interested in filing a personal injury lawsuit to recover damages related to your medical expenses, lost wages, and reduced quality of life. Call the Houston personal injury attorneys at Livingston & Flowers today and we can begin building your case immediately.