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I was hanging a necklace on jewelry holder which was tall, heavy and made with iron then it fell on my arm

Cincinnati, OH |

My arm is bruised and sore the employee that come to me and witness the incident did not even apologize or ask if I was okay .she told me about filing an incident report when I was checking out which I filled out and they gave me a copy and I asked what happen next she said it happens to her all the time and that I can go to the hospital if I want .
Also when she brought the incident report she gave me a discount card.

Attorney Answers 5

Posted

What is your question? If your question is, do you have a personal injury claim? The answer is likely, no. A bruise and soreness is probably not sufficient to substantiate any sort of pain and suffering claim. There are no hospital bills. Lastly, and I am not saying it was your fault, but you very well could of contributed to the jewelry holder failing.

Even though the employee basically admitted that this jewelry holder is not stable, the main hurdle you face is proving damages. A personal injury attorney will be able to give you a better idea if you have any viable claim against the store.

Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Andrew Esposito does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.

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Posted

There are several parts to any lawsuit for personal injury… one of them is damages. Thankfully you were not injured very badly. Bruises do not justify bringing a lawsuit.

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Posted

Monetize your damages. What is a bruise worth? A couple bucks, max? Maybe a hundred? Now think about how much it would cost to simply file a lawsuit - $300-$450 dollars, depending on your county in Ohio and whether you include a jury demand. Its easy to see that it doesn't make financial sense.

Disclaimer: This does not constitute legal advice. No attorney-client relationship has been formed through this answer.

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2 lawyers agree

Posted

Do you have a question?

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Posted

You can pursue a "personal injury" claim against the store for your injuries but will need to seek medical attention first. Get good color photographs of your injuries immediately and call a local, experienced lawyer to help you. The value of your claim will be determined by how badly (if at all) you were hurt. So, the photos might help or hurt your case. Good luck!

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