Visitor Question

Can fell out of shopping cart and cut my toe, can I sue?

Submitted By: Audrey (Ruskin, FL)

I was putting a can of coconut milk into the top of my shopping cart when a can fell out and cut my toe open. I was bleeding profusely. On the cart it doesn’t say to not put cans or other dangerous groceries into the top part. I filed an accident report and they bandaged up my toe.

Is this something I would be able to sue for? And if not, why? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Audrey,

We live in a litigious society. Today many people believe any injury caused by just about any event entitles them to a bonanza of money.

In your case, if the can which injured your toe was defective, or was partially opened exposing a sharp edge, then you would likely have the basis of a personal injury claim. But unless the injury is more serious than a cut toe, you would only receive little, if any, compensation.

If your injury does turn out to be serious, you’d be able to file a claim for your medical bills, medications and bandages required to treat the injury, lost wages if you had to miss work during the treatment or recovery phase of your illness, and an amount of compensation for your pain and suffering.

If though, there was nothing wrong with the can and it fell simply because you placed it in the top of your shopping cart, then you would probably be entitled to nothing.

A reasonable shopper should know that overloading a grocery cart can cause goods to fall out. A reasonable shopper should also know that in the part of the cart closest to your hands which is collapsible, there are usually open spaces where goods, if placed there, can fall out.

Someday, somewhere, someone will explain why there is a collapsible area on the top of a most grocery carts. One reason could be collapsing it affords the shopper more room for goods, and another could be it is there to facilitate handbags, wallets, etc., or finally it is there just to make people like us wonder why it is there.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 29, 2014

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