Freight Deliveries Gone Wrong: What To Do When A Heavy Pallet Is Dropped On Your Foot
When you are expecting a freight delivery, and it is being delivered to your front lawn, you want to be sure it is dropped where it will do the least damage. In most cases, this is as close to the curb as the truck can get without creating problems with the city's ordinances. You can go outside and help them maneuver the pallets into position, but if they accidentally drop a pallet on your foot, what do you do next? If this has already happened to you, and you are looking for legal advice, here it is.
Consult with Personal Injury Law Services
Clearly, this is a personal injury, but what type? Who is at fault? What should you do next? Valid questions all, so let's take a closer look. It is not a work-related injury. It is not a medical injury. Considering the fact that the pallet was dropped on your foot and it was not the truck, it is not a truck accident. The closest category in which to file your case is an assault case, since you were severely injured by someone else dropping something exceedingly heavy on your foot.
Figure out Who Pays
Another issue that has to be addressed here is that the "assault" happened on your own lawn. Technically, you asked and allowed your "assailant" to come onto your property. Because he/she did not do anything to harm you intentionally, and because you "invited" him/her onto the property, your case may have to be filed with your homeowner's insurance first. The details of your case will help your lawyer, someone from a place like Zohar Dan Pa, determine if this is the first step or if you can go right into filing a personal injury lawsuit.
If the homeowner's insurance pays because the incident happened on your lawn, case closed. If it is not a case for homeowner's insurance and/or they refuse your claim, then you sue the driver and the shipping company. You can only sue for the medical bills related to your crushed foot, and maybe pain and suffering.
Sue the Correct Party
If you have a case against the driver and freight shipping company, file it right away. There are statutes of limitations on these unusual accidents. Not filing it right away brings your case into question, and you may be perceived as someone who is now trying to get compensation for something else unrelated which happened to your foot.