Premises Liability Claim in Troy, Michigan – Oakland County

Jun 26, 2024Personal Injury

FACTS:

This cause of action arises out of a premises liability claim that occurred in Troy, Michigan, Oakland County. Plaintiff and her daughter were on the third floor of a store owned by Defendant, a well-known department store chain. Plaintiff’s daughter was purchasing an evening dress and they were escorted into a fitting room by Defendant’s employee. In the fitting room, there was a table and a chair directly below a metal rack on the wall used to hold items that were being tried on and items that were taken off by the customer. Unfortunately, after sitting down in the chair directly below the clothing rack on the wall, Plaintiff was hit in the head and neck area by the rack when it fell off of the wall.

Plaintiff has had surgery to her neck area previously. The record shows that, two months prior to this incident, she was discharged from her treatment for the previous injury and had reached maximum medical improvement, according to her doctor. Immediately following this incident, Plaintiff complained of dizziness, headache, and head and neck pain, with clear physical evidence that she was struck in the head by the steel rack that fell from the wall. Plaintiff underwent significant physical therapy and vestibular rehabilitation for approximately ten months following this incident.

LIABILITY:

Defendant does not dispute that the rack fell off of the wall and does not dispute that the rack hit Plaintiff in the head. Based on discussions with counsel, Plaintiff does not believe Defendant will be making a liability defence.