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

Answers:

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.


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