Premises Liability Broken Toe

[guestposter]

Curious of legal ramifications if any:

picked up a jar candle at a major dept. store. The lid was very loose and the bottom fell out, shattered the candle AND my toe.

I've missed work, can't walk, and my back is now in pain from compensating.

I didn't report anything as I was to embarassed and limped out of the store. I didn't realize due to shock the damage that had actually occurred...

Please advise.

Thanks

 

[Michael Wechsler]

Unless you can prove that the store was negligent, you have no case. You picked up the jar by the lid. It would seem that you were mostly the cause of your own accident. Should the store responsible to make sure every lid is tight to prevent injuries of the kind you suffered? Is such an injury even foreseeable? Probably not. I doubt any personal injury attorney would want to try to make a negligence case. You could try to see if the store has insurance and make a claim but you may have a difficult case, especially if it is long ago. The store and any insurer will likely raise the possibility that the injury occurred elsewhere in the interim. Without any other facts -- and you may have them -- I think you have a very weak case. You can still speak to a personal injury attorney to discuss whether the facts indicate that you might have the case but, again, I doubt it. I am very sorry to hear about your injury and wish you the best of luck.