i was in a retail store and I went to try on some pants. As I begin to pull the pants up a sensor that was not on properly sliced my leg up. I now have a huge cut on my leg which has now scarred and it's extremely ugly. Do I have case?
I would say no unless you are going to have a permanent scar. if you are going to be permanently scarred, you can possibly sue. I am not a practitioner of personal injury however. so I am moving your question to that area so that lawyers skilled in this area can see it.
It would depend on your injury and where the sensor was placed and if it was missing any pieces. It does not hurt to consult with an attorney on the case.
DISCLAIMER: Matthew Solomon is licensed to practice law in both the State of Pennsylvania and the State of New Jersey.This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. This answer does not constitute the establishment of an attorney-client relationship.
It depends on a few things. Which store it is. Is it one that will be reasonable and resolve things or is it Walmart that likes to have a trial for everything. What are the lingering effects in the leg from this cut. How is that leg healing. What does the scar look like. Is there any proof it actually happened, ie did you report the incident. Something like this may need an expert to testify as to the standards when using these theft devices and where they are placing on the closing article. That can be expensive. If the damages outweigh the costs that will be spent to pursue it, then sure it would be worth it. No one will be able to make that decision until you sit down with them and review it. Call for an appointment to meet with an attorney for a free consultation.
You may have a case if you can show the sensor was not property installed. Hopefully, you took photos of the sensor on the pants. Talk to a NJ injury lawyer to determine if you have a viable case.
I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
Sorry to hear about your injury. As a practical matter, whether you have a case worth suing on with an attorney will depend on whether the scar is permanent, how large it is, and exactly where on the leg it is. You should consult an experienced New Jersey personal injury attorney immediately. You have to file suit in court to preserve your rights. Generally, suits for personal injury in New Jersey have to be filed within two years from the date of the accident, or you would be forever barred from recovering compensation. Most lawyers offer a free consultation. Good luck.
This answer is given for informational purposes only. It is not legal advice, and should not be relied upon as such. You should consult a qualified attorney in your jurisdiction for a formal legal opinion as to any legal issues you may have.
Yes, consult with a personal injury lawyer who is familiar with product defects - the tag itself may be a defective design.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
in my opinion, you have a case, the value of which depends on the size and appearance of the scar, your age and sex and whether the store has insurance. I would assume it does. If you are a male, the case probably has little value. If you are a female, it would have more value than a male's case and the younger you are, the better your potential claim would be. When you say that the sensor was not on properly, I am accepting that as a fact. That issue would probably be contested but, in my opinion, you should contact a lawyer and follow up on this. Take pictures now. If you file a case, you "scar" may be so faint in a year or two that no one could see it.
I'm sorry to hear about your injury. It's hard to tell whether or not you have a good case based on a short description, and there are several factors to consider, but you may have a good case.
You should consult with an attorney familiar with these types of cases. Most such attorneys do not charge for a consultation or even representation, unless there is a recovery.
Mr. McMenamy gives a very thorough answer. Review it. It is worth shopping this case around to a few personal injury lawyers in the Edison area.
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