I was in a retail store today and was approached with perfume to smell. I let the lady know I wasn't interested but once I got to the counter, the manager approached me with the same perfume. I told her I dont wear strong scents because I get migraines. I cant handle the smell. In the process of me talking , she dropped the whole bottle on my foot and it broke and splattered all over me. My biggest concerns are me getting sick and I hate when I go to a store they approach me with perfume samples. I get bad migraines and I feel nauseated if I smell strong perfume. Today was a day for me to take my oldest school shopping. It was cut short because im not feeling well after having to drive from the store home with that smell all on me. I took a shower and I still smell it and its stuck in the clothes I was wearing.
It is probably considered negligence for the store worker to drop the bottle on your foot, but unless you have a documented injury requiring medical care it is probably not a case worth pursuing and you may have trouble finding a lawyer willing to take the case. However, someone may certainly disagree.
Dropping the bottle would be considered negligence but being bothered by the smell would not be enough for an award of damages without medical bills. You may contact the store and complain and the manager or owner may want to give you a discount coupon or something similar for your trouble.
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