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I GOT INJURED IN A DEPARTMENT STORE. HOW DO I FILE FOR DAMAGES.

Monterey, CA |

I WENT TO MY LOCAL DEPARTMENT STORE TODAY TO BUY A WALLET. I TOUCHED THE CASE THAT CONTAINED THE WALLET, AND WHEN I DID MY FINGER WAS SLICED OPEN WITH BLOOD EVERYWHERE. I COMPLAINED TO A SALES ASOCIATE, AND THEY BROUGHT ALCOHOL WIPES AND A BANDAGES. THE MANAGER CAME AND TOOK A REPORT. IT TURNS OUT ALL THE CASES MADE BY THAT MAJOR MANUFACTURER IN THE STORE HAD RAZOR SHARP UNFINNISHED EDGES ON THEIR CASES FOR THE WALLET, AND THEY IMMEDIATELY PULLED THEM FROM THE SHELVES WHILE I WAS STILL THEIR. I FILMED EVERYTHING WITH MY I PHONE AS IT UNFOLDED STARTING WITH MY BLOODY INJURY, I AM OFF TO MY LOCAL MED STOP FOR A TETTANUS SHOT AND MAYBE STITCHES. I AM SUPER UPSET. I WANT TO FILE A LAWSUIT FOR DAMAGES. HOW DO I GET SOMEONE TO TAKE MY CASE?

Attorney Answers 4


  1. Best answer

    It sounds like you may have a negligence claim against the department store. You would need to show that they either knew or should have known that these display cases were dangerous.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  2. If your injury is small, you may want to consider Small Claims Court where you can get damages up to $7,500. If you have a permanent injury, you should consult with an experienced personal injury attorney. Our firm handles cases all over the state of California. Feel free to contact us for a free consultation.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as”AVVO.com are not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.


  3. So far you have done everything correctly - reported the incident, recording it, sought out medical attention and posted on Avvo. The next step is to contact personal injury lawyer(s). Share the facts and interview the attorney(s). If appropriate, retain the one you are most comfortable with. Most often it is advantagous to retain an attorney. An exception might be if an injury is a bad cut, appropriate precautions are taken and no further consequence is suffered. Even then, most attorneys are willing to give some sound advise (Avvo being a prime example). Good luck.


  4. I agree, thus far you have done everything right. Additionally, you (or preferably your attorney) need to send an evidence preservation letter to the department store, requesting that they preserve any surveillance video that might exist as well as the piece of glass that injured you. This needs to be done right away.

    My law firm handles these types of personal injury cases; feel free to call me for a free, no-risk consultation at (805)594-1101. Good luck.

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