Visitor Question

My nose was injured by a bin lid…

Submitted By: Lacy (Park Forest, IL)

I was in the grocery store and was shopping for a few items in the ethnic/Asian/Spanish section. There was a bulk bin of hibiscus flowers there and when I lifted the lid it seemed like it locked in an open position. I leaned down and forward and before I could take a sniff the door unlocked and slammed down on the bridge of my nose causing excruciating pain, enough to bring tears to my eyes.

I regained my composure and checked to make sure my nose wasn’t broken and proceeded to customer service where I had to fill out an accident report form. I waited quite a while before receiving any help. I informed the management that I would be seeking medical treatment on my own and they gave me an ice pack and a tube of antibiotic ointment. I have a scratch in the bridge of my nose and bruising on my nose and under my eyes.

What if anything is my recourse? Can I get compensation for my injury and medical treatment?

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 Lacy,

You should be compensated by the supermarket or their insurance company. Negligence seems to be clear and unambiguous. The question becomes what is a fair amount for a settlement?

You certainly have a claim for pain and suffering. Unless you sought medical treatment you won’t have a case for the recovery of medical bills or out of pocket expenses for medication. If the pain causes you to have to miss work, you should be compensated for those lost wages as well.

Be sure before speaking with anyone about a settlement you check with a doctor to confirm there won’t be any permanent scarring, or that you haven’t sustained a small fracture. If either of those exist, your case will be worth substantially more.

You should hear from the supermarket’s insurance accompany within a couple of weeks. If you haven’t heard by then, go back and speak with the manager once again.

If you don’t have a fracture or won’t suffer a permanent scar your claim won’t be worth a great deal. In that case you might ask for $1000.00 dollars. You probably won’t be offered that much, but it’s a fair request.

If you do have a fracture or will suffer a permanent scar, consult with a personal injury attorney. A serious injury should always be handled by an experienced attorney. If you haven’t sustained a fracture or permanent scaring you should be able to handle the claim yourself.

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: June 29, 2013

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