Visitor Question

Door Fell On My Ankle…

Submitted By: Kayla (Tuckerton, NJ, USA)

I was going into the fitting room at a major national chain retail store to try on some clothes, and when I went to shut the door it completely fell off of the hinges and came down on the back of my ankle. It took a piece of my ankle out and something stabbed me in the finger, leaving a small hole in the center of my index finger.

Should I file a lawsuit for my injuries? I told them what happened and they offered me a band aid. Any information you can give would be much appreciated.

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 Kayla,

People are too quick to want to file lawsuits. That’s one of the reasons the cost of goods and services continue to spiral upward and insurance premiums for individuals continue to rise as well.

Although our intention is not to minimize the pain you must have felt when the door cut your foot, we are saying that a cut and pricked finger are really not injuries upon which you can base a lawsuit.

From the facts you present you apparently didn’t seek medical attention at, or about the time of your injuries. You should know to prevail in a personal injury lawsuit one must have documented medical injuries. Cuts and finger pricks alone, no matter how painful at the time, are not sufficient to maintain any type of a case.

If you believed you were seriously injured and required medical attention you should have either asked the management or employees at the store to call for help, or at a minimum have driven yourself to a local medical clinic or hospital for evaluation and treatment. There your injuries might have been documented.

Regrettably, from the facts you present the doctors also may have just issued some hydrogen peroxide and a band aid to you as well.

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: January 15, 2012

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