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i fell in a Reading store and now they're blaming my bad back

“older person fell at a business in Reading and they keep saying my spine was already bad do i make a claim or just let it go”

— Frank S., Berks County

A quiet fall at a business can turn into a nasty fight over "degenerative" discs, delayed reporting, and old records the insurer uses to say this was your fault.

The first mistake is walking out like nothing happened

That's exactly what a lot of older people do in Reading.

They slip at a grocery store, trip on a broken curb outside a pharmacy on Penn Street, or go down near a wet entryway after a cold spring rain, and they get embarrassed. Maybe they're shaken up. Maybe nothing looks broken. So they stand up, say they're fine, and go home.

Bad move.

If your back already had wear-and-tear changes - and a lot of people over 60 have some degree of degenerative disc disease whether they knew it or not - the business insurer is going to grab that and run with it. The minute you leave without reporting it, you've handed them their favorite argument: if it was serious, why didn't you say so?

Here's what most people don't realize. A fall can aggravate a degenerative spine. Pennsylvania law does not let a business off the hook just because your back wasn't perfect before. If the fall made it worse, that matters. The fight is over proof.

And proof starts at the scene.

The second mistake is saying "it's probably just my old back"

Do not do the insurance company's job for them.

A senior falls, somebody from the store comes over, and out comes the apology tour: "I've had back issues for years." "I'm clumsy." "I probably just moved wrong." People say this because they don't want to be a problem. Especially older folks who were raised not to complain.

That one sentence can haunt the claim.

The insurer for the business in Berks County is going to comb through medical records looking for any mention of arthritis, disc narrowing, stenosis, old pain complaints, old physical therapy, all of it. Then they'll act like the fall did nothing.

The truth is uglier than that. A degenerative disc can be stable for years and then a hard fall changes everything. More pain. New radiating symptoms. Trouble standing. Trouble sleeping. Trouble lifting a grandkid. Trouble getting through a shift if you still work part-time.

What matters is the change after the fall.

The third mistake is waiting too long to get checked out

Back injuries don't always explode right away.

Plenty of people feel sore, go home, and wake up the next morning barely able to move. That's common after a fall. But if you wait a week because you "didn't want to make a fuss," the insurer will say the business incident wasn't the real cause.

Get the fall documented fast.

Not just the pain. The mechanism. Where you landed. Whether you twisted. Whether you grabbed for something. Whether you felt pain shoot into the leg later that day. Those details matter more than people think.

And in Reading, where chain stores and small businesses alike rely on camera systems that may overwrite footage quickly, delay kills evidence too.

The weird seatbelt argument can still show up

Yes, even in a fall case.

This is where insurers get slippery. If you had an earlier car wreck on Route 222, Route 61, or even out toward Route 30 through Lancaster County, and there's anything in those records about low back pain or not wearing a seatbelt, they may try to drag that old crash into this claim.

Not because it makes sense on the facts.

Because confusion helps them.

They'll say your disc problem really came from the old wreck. Or they'll hint that your own choices caused the spine damage long before the business fall. If there's a note somewhere that says "unrestrained driver" or "not wearing seatbelt," they may use it to paint you as careless generally. It's cheap, but it happens.

That does not mean the business gets a pass for a dangerous condition on its property.

It means you need to be damn careful about incomplete histories, offhand comments, and medical visits that don't clearly connect the worsening symptoms to the fall.

What not to screw up right after the fall

  • Report it to the business before you leave, and make sure there's a written incident report
  • Get names of anyone who saw it, including cashiers, employees, or customers
  • Photograph the floor, curb, mat, spilled liquid, bad lighting, or uneven pavement
  • Get medical care quickly and describe exactly how the fall changed your back symptoms
  • Don't guess about old conditions, old crashes, or "my back was already shot" nonsense

The fourth mistake is being too polite to preserve evidence

This one hits seniors hard.

They don't want to upset the manager. They don't want to hold up the line. They don't want to seem litigious. So they leave the scene without pictures, without witness names, without asking whether there's surveillance.

Then two weeks later, the business says it has no record of any dangerous condition.

A springtime entrance in Reading can be slick from rain, tracked-in mud, or a soaked mat. Parking lots crack. Curbs settle. Handrails loosen. None of that fixes itself. But unless somebody pins down what was there that day, the business can pretend conditions were fine.

The fifth mistake is treating this like a minor flare-up

If the fall turned manageable degeneration into disabling pain, don't minimize it.

People who are scared of being a burden often understate everything. They tell the doctor the pain is a three when it's really an eight. They skip follow-ups. They try to "walk it off."

That gap in treatment is exactly what the insurer wants. A bad back case already gives them room to argue. If you also underreport symptoms, they'll say the fall barely mattered.

And once the record starts reading like a mild soreness complaint instead of an aggravated spinal injury, digging out of that hole is rough.

by Mike Yankowski on 2026-04-04

This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.

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