She avoided catastrophe!
She can talk to a personal injury attorney to see if she has a possible claim.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Sorry to hear of the incident. Immediately contact a local personal injury attorney - most offer free consultations.
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
You will need a good attorney who'll understand the jurisdictional challenges of your personal injury claim.
The answer provided is for general information purposes and cannot be relied upon. In order to provide legal advice, one must engage with a live attorney; this answer does not create such attorney-client relationship.
Well, the first issue is jurisdictional. Am I understanding correctly that your friend purchased the item in Michigan and LIVES in Michigan as well? Or did she purchase the item in Michigan and lives in Virginia? I would think that she would have to talk to a Michigan attorney about the case. I'm not sure if Virginia's "long-arm statute" is going to bring the Michigan store under the jurisdiction of Virginia.
If she can bring the case in Michigan rather than Virginia, she may have a better opportunity. Virginia is one of four states (and DC) that still permits a contributory negligence defense to injury cases. If the defense (the store) can show that she was the least bit responsible for her injuries, she is barred from recovering anything in compensation. I say this because from your statement, she "realized what it was" and then she "took it in her hand". That may be enough to say she is somewhat responsible.
Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.
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