In reference to a small claims matter:

Asked over 1 year ago - San Francisco, CA

I was in Safeway and a bird dropped some feces on my hat face and coat....I want to sue in small claims. Would I be suing for a personal injury? Do you think I have a valid claim?

Attorney answers (5)

  1. Malosack Berjis

    Contributor Level 20

    Answered . I remember your situation from a little while back. In any case, in order to have a valid claim, you need to be able to establish that the supermarket was negligent in some way. And, negligence requires a showing of a duty on the part of Safeway to prevent bird droppings on customers, that they breached that duty, causation, and damages.

  2. Lori Jeanne Costanzo

    Contributor Level 11

    Answered . It's difficult to imagine that you actually suffered an injury from bird droppings but, did this incident cause you to slip and fall or somehow otherwise sustain harm? Also, it is unusual to find a bird in a supermarket - Safeways are not usually open markets.

    You probably do have a claim for damage to your hat and coat - if you could not remove the stain, the cost of replacement.

    This is my opinion and should not be construed as legal advise for your specific case as there are many more facts... more
  3. Janet Spiro Martin

    Pro

    Contributor Level 14

    Answered . Assuming th Safeway didn't even offer anything for the cleaning of hat and coat, and in general you can not clean bird droppings that well, you should find out who to submit a claim for the cost of replacement or cleaning of your coat and hat. If they do not cooperate, send a demand letter, then file your small claims; you'll need some kind of evidence so if no one saw it and you did not report it to the Safeway, and did not keep your coat and hat, you have no evidence. Assuming you have the evidence, you'll also need documentation of cost of new hat/coat, or cost of proper cleaning.

    The foregoing is for informational purposes only and may not be relied on as attorney-client advice.
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Without negligence on the part of the store, it would tough to recover.

  5. Renee Mayerson Cannella

    Contributor Level 13

    Answered . Besides being disgusted for a moment you have no damages. Not everything is a lawsuit.

    Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her... more

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