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I was in Safeway and there was a pigeon flying around, the bird dropped some bid feces on my head. Do I have a liability claim?

San Francisco, CA |

There are bird droppings all on the walls and the bird was lingering around over the kitchen area where they prepare and sell fresh cooked food! I want to sue in small claims for the embarrassment, pain, and suffering.

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Attorney answers 3


Although what happened to you is awful, it would be very difficult to succeed on a negligence claim against the supermarket, based on the facts you have provided.


Without some physical injury, you cannot sue for negligence. There are some narrow exceptions, but these facts do not fit into any of them.


You can sue but you aren't likely to win much if anything.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email -

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