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The Law & You

A Tree Broke My Foot. The Gardening Store Says It’s Not Its Fault. What Now?

The Law & You
June 8, 2015

The Law and You

A Tree Broke My Foot. The Gardening Store Says It’s Not Its Fault. What Now?

Dave Kuharchik: Saturday morning edition of “The Law & You” as always we have the guys with a fresh cup coffee here, they are ready to go. Greg looks excited, look at that face.

Ed Ciarimboli: Honest to God.

Dave: He looks happy.

Greg Fellerman: You guys pulled me out of the lake.

Dave: Attorneys Greg Fellerman and Ed Ciarimboli, that’s what happens when Greg swims all day. It’s nice to have you on a Saturday morning, enjoying the salted caramel coffee I got you today?

Ed: Very nice, very nice.

Greg: Wonderful.

Dave: We’ll get Greg pepped up here and ready to go while I read the question. This one is from Larry in Clarks Summit, “I was at a garden store in a tree fell over breaking my foot. It was windy that day and the owner’s telling me that they don’t have to pay my bills. Are they right?” Sounds to me like they’re not right.

Ed: Larry, you know that they’re really not right in this particular situation. They’re a garden store. They’re gonna be having trees that are gonna be outside that aren’t obviously planted so whenever there’s wind those trees have the danger is those trees could certainly fall over and they could fall over on a customer. So I’m going to say that the garden store is not right in this particular situation. They’re certainly on notice that this could happen and they didn’t take any steps to make the premises safe for the customers in this.

Greg: Yeah, I’m voting for Larry on this one. I agree with you and anytime someone is injured in these safety premises, the store premises case, they’re good cases because people were being invited into the store and these garden centers, these Home Depot, these big box stores, they’re basically virtually warehouses and the public is in there and if you watch them they do, they take all safety steps they should but sometimes people get hurt. Stuff falls down and their responsibility for that so if you’re in those cases pick up the phone and call us.

Dave: Alright, so when you are injured in a store and you know you’re wondering if you have a legal case against that business owner, how can our viewers reach you?

Greg: Call us 570-714-HURT or see us on the web at

Ed: Look at that smile on your face.

Greg: Stop by the lake, you saw me at the gym.

Ed: You could call him on the hotline.

Greg: I’m around.

Ed: Or go to Facebook, Snapchat, Twitter, we’re on all of them so if you have a question you put it on any of them and we’ll do our best to answer it.

Dave: Only time Greg does not take calls is when you combine the flexing with being at the lake.

Ed: And in the water.

Dave: Yeah that just doesn’t work.

Greg: Yeah I’ll be answering questions underwater.

Ed: Yeah if we’re going to have to get a waterless.

Dave: We’ll  figure something out. We’re gonna work on it. Alright, results matter. Attorneys Greg Fellerman and Ed Ciarimboli, guys thanks so much. Don’t forget you can always get a question here on the Law & You through the or by calling “The Law & You” hotline.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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