Visitor Question

Injured in a Department Store…

Submitted By: Leonides (Livermore, CA)

A round pin head (approx. 1″) struck my right foot as I was slipping on a pair of suit pants. I couldn’t see the pin physically and I yelled for help. The sales clerk came over and tried to help locate the pin but to no avail. It hurt more because the sales clerk tried to remove the suit pants from my right foot.

I slowly proceeded sliding my hand into the pants towards the bottom of my right foot until I felt just the head of the pin protruding on skin of

my right foot. I gently removed the pin and handed the pin the sales clerk. I asked the sales clerk for a band aid to stop the bleeding to which he went and got for me.

All of this happened in front of my 7 year old son. I walked around to shake the pain. I came back to the store’s customer service and filed a report/complaint. Is there anything else I should do?

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 Leonides,

Leonides:

The first thing you should do is seek medical care. The doctor will probably give you a tetanus shot, unless you had one recently. The possibility of infection is always present.

We will presume the worst of it has passed, and the small puncture should heal quickly. Believe it or not these types of incidents occur with great frequency primarily in major department stores with dressing rooms.

Your 7 year old son should not be terribly affected by the injury. Even if he was the law does not provide for vicarious pain and suffering.

You did the right thing by making a report. Hopefully the store management will take better care of those dressing rooms, possibly vacuuming them on a more frequent basis. Your reporting of the action may result in less people being stuck.

Absent some type of serious or debilitating injury the case you present is not strong enough to merit any legal action.

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: July 15, 2011

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