If fingernail polish in a cosmetic store ruined my 1600.00 handbag can I sue

Asked over 2 years ago - Chino Hills, CA

The fingernail polish was open when I picked it up

Attorney answers (2)

  1. L. Maxwell Taylor

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The issue is whether the store's negligence caused your damages. I am skeptical the store had a duty to check the tightness of lids to ensure that some customer didn't loosen them. If the store wasn't negligent, it isn't liable, under general principles of law. But that's not to say their insurance wont't cover it, if you file a claim with the store for your damages.

    Nt legal advice, just my two cents. I don't practice law in California or hold California licensure.

  2. Andrew Daniel Myers

    Contributor Level 20

    1

    Lawyer agrees

    Answered . One issue is whether it was foreseeable to you that the lid might have been left loose by the last customer that checked out the polish. A second issue is, if these were samples that patrons were encouraged to sample, whether the store had any duty whatsoever to monitor whether the lids were loose or open. You need to prove that the store somehow breached a duty to you.

    This is a case for small claims court. You might even think about submitting this to Judge Judy or one of the other TV court shows of a similar nature. They're always looking for real world, somewhat entertaining claims and this sounds like one.

    Yes, I'm serious, I was in the TV biz before I went to law school.

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