What can I do if I was injured in a retail store because I hit my foot on a rack that was left out in middle of the floor and now it is swollen?

It is going on 3 days.

Asked on July 15, 2014 under Personal Injury, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF the store was at fault in leaving the rack someplace unsafe (that is, for example, it wasn't placed there only shortly before by another customer, which is not something the store could control or would be responsible for), they may be liable for your injury. However, the real issue is, how badly are you hurt? Even if they are liable, you could only sue for an amount of money equal to medical costs, lost wages, and for *serious* injuries--ones causing impairment or disability which lasts for weeks or months at least--some amount for pain and suffering. But some pain and swelling, which lasts for only a few days, would not let you recover enough to pay for a lawsuit. So unless there is more going on with your foot than you write about, you may not have a viable lawsuit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.