I slipped in a puddle of olive oil and glass at Jewel. I was helped by a passerby and went to report the broken bottle to the store manager. I was covered in olive oil. When I got home I noticed that I had a cut on my right buttock. I inspected my clothing and found that I had a couple of tears on my coat and a small tear in my jeans where glass had punctured. I was contacted by their insurance/risk mgmt company and gave all the details and sent pictures and was told that they would give me 90% the value of my coat and 15% the value of my jeans because the tear was really small. Both items were only 2-4 months old and I feel both should be replaced. I am not seeking any compensation for the fall itself or the injury sustained. Do I have any legal right for my claim? Thanks
You must show they were negligent for the condition of the floor. that means they did something to cause it, or they knew about it enough before you arrived to be able to clean or put signs up, or their policy/procedures for inspection were lacking or not complied with at the time. Ask if they have videotape showing the area for several hours before and and after the fall. Good luck.
If you had no serious injuries, it is not worth getting a lawyer involved. As with all property damage, you don't get replacement value; you get fair market less depreciation.
And as Mr. Koppleson said, liability is tough in these cases. I'd be happy to talk to you.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Although the default measure of property damage recovery is based on "fair market value" or cost of repair, the courts can apply different rules for certain types of personal property. It sounds like they may be offering you 15% based on cost of repair.
i agree with the others that this is too small a matter to hire an attorney if there is no personal injury. If you are a regular customer at this store, you might want to get the manager involved. Usually a manager can authorize more money if it is at a low level.
Get free answers from experienced attorneys.
29,726 answers this week
3,112 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary