Hurt by a Defective Product Inside a Store

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wdesire

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My question involves an injury that occurred in the state of: Florida
My wife and I were at a major furniture store in the Orlando, FL area looking for furniture when we happened upon a piece of furniture that we thought was useful. It was a sleeper sofa but it was unlike the traditional sleeper sofas I've come to know. There were no instructions on the couch on how to operate it so we tried to operate it as carefully as we could. While trying to operate the sofa, the top portion of the sofa (the 1.5 inch metal clamp as well) slammed onto my wife's head, drawing a great deal of blood. We rushed her to the hospital after the incident report was taken and she was given a tetnis shot. She is fine now (two and a half weeks later) with the ecseption to some minor neck pain. I'll skip ahead to get to the point. We rec'd a call from the stores insurance company and they stated that we are at fault because we were operating the equipment improperly and that they will draw up a settlement to pay off bills incurred. My first thought was NOT to get upset because chances are the insurance agent is trying to do what's best for her company by stating that we're at fault but I don't agree. Isn't the store required to have instructions listed for unusual equipment?
 
If you had operated inproperly or unauthorized they have a valid arguement. What are you trying to gain? Medical bills? If so you personally can only recoup what you put out. Meaning if your deductable or copayment was $100.00 then thats all you can recoup "after" Doctor/Hospital are paid. If your after this then I would fist suggest you at least talk to an Attorney rather than take on the insurance company without any legal knowledge
 
A reasonable person would have requested the help of a sales person when it came to how the unusual equipment worked. If your claim is to have them pay you for not having instructions attached to the equipment, that is a very weak argument. I am not sure you have much of a case here...
 
It was on a display floor where customers are incouraged by the Store to test the items so we were permitted to operate the equipment. Also, I'm not really trying to push the issue too much. My wife and dont really want to go to court or even sue. I was just curious more then anything. Thank You for the reply. I really appreciate it.
 
That's not a defective product...that's an operator error. I don't see a case.
 
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