Hello, My name is Leticia I accidentally step on a Super Tag Pin with my let foot when my daughter and I were about to go into the fitting room, we proceed to enter the fitting rooms, I took my first step to the hall when I felt enormous pain on my left foot, A tag pin went through my sandal and my foot, it was very painful I immediately drop to the floor and yelled for help, I ask the manager on the store to call 911, he did but paramedics refused to pull it out, they advised my husband to pull the pin out he did, I provided the manager with all my personal information he gave me his name and phone # he said insurance was going to contact me, nobody called me till yesterday that I called and ask for status, an insurance agent call and she said nobody from ROSS reported the claim to them
You need to use the find a lawyer feature above and find a PI lawyer in Phoenix. Consultations should be free, find one you like and move forward.
You may have a claim against Ross. It sounds line “pin tags on the floor” can be a dangerous condition.
If unexpected, if not open and obvious, then you certainly can bring a claim for your injuries
I am sorry to hear about your incident. It is not uncommon for claims such as this to not be reported by the store to the insurance carrier. My concern regarding your claim is you do not mention if you had any injuries other than the pain and if you sought any medical attention. Without medical records or medical bills associated with any injuries you may have sustained, it is extremely difficult to bring a personal injury claim based on pain alone. You really have to seek medical attention and have medical damages in the form of medical bills before an insurance company will consider an injury claim.
Don't worry about whether it was reported....a local personal injury lawyer can help you out. Avvo has a great lawyer finder tool to locate an attorney nearby. Good luck.
Leticia: you didn't actually say what a Super Tag Pin is. I suspect it is a sensor tag. I concur with others that you need more than just pain to support your claim. But there is more. A successful negligence claim requires proof that an unreasonably dangerous condition existed, and you must show that the condition was either caused by a store employee or existed long enough that the employees should have seen it and corrected it. If the Super Tag Pin is part of a sensor tag, you need to know if store employees are working in that area with these pins since most customers don't remove them. A good defense attorney may argue, however, that shoplifters do remove these pins and that the store did not have notice of it (meaning they never saw it and had no opportunity to pick it up). The burden of proof is on the person making the claim. You need to consult with a personal injury attorney about these details.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline