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Can Jewel-Osco be held legally responsible for replacing clothing items damaged in a fall on their premises?

Chicago, IL |

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

Attorney Answers 6


  1. Best answer

    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.


  2. 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
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


  3. Since you weren't injured, a personal injury lawyer would not be necessary, and you can resolve this with them directly.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  4. Possibly. But contact a local attorney to be sure.

    Tim


  5. Attorney Kopelson stated your legal rights correctly.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.


  6. 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.

    Answering this question does not set up a attorney-client relationship between us. My comments do not constitute legal advice. If you would like to pursue representation, please contact me.

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