I was shopping with my Fiance and 6 month old son at a national chain retail store in Chattanooga, TN. While walking through one of their aisles, I sliced open my leg on one of their electrical outlet’s broken covers. There was no caution sign listed. The cover was broken with a very sharp edge on it. It sliced through my pants and nicked my knee cap.
The cut itself was nothing too serious, but ruined my new pair of work pants and left me with a slight cut/limp on my right knee. The broken outlet cover had a small piece of tape on it, but no caution notice.
I immediately filed an Incident Report with the store manager. She stated I would hear back from their corporate office within the next week.
How should I handle the follow up call I’ll be receiving from their corporate offices? Should I ask for a settlement of any type or just that my pants get replaced? The injury that I was left with was not major, but a definite inconvenience during work. I’m not looking for lots of money, but something would be nice. Thanks.
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.
“Something would be nice” is not the way the personal injury system works. Personal injury claims are paid when there exists credible documented evidence of injuries.
You took the correct action by notifying the store’s management and filing an Incident Report. That will verify your claim.
If you suffered any injuries which required medical attention you have a right to be reimbursed for those medical costs. If you also incurred any out of pocket expenses such as prescription antibiotics or other related medical aids you should be reimbursed for those as well.
Those costs should also include the price of a new pair of the same pants which were damaged at the store.
The store really doesn’t have to pay you much more than that.
If you didn’t require any medical attention, much more than a band aid and some over the counter antibiotics like Neosporin, you will be entitled to just those amounts. If the store decides to offer you an additional amount it will be more for your inconvenience than anything else.
If you didn’t require medical attention and just suffered a pair of ruined pants you will be fortunate if the store offers an additional $500 dollars for your trouble. If that’s the case you don’t have a legal right to that amount, so anything between $100 and $500 dollars would be a windfall.
Learn more here: Retail Store Injury Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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