What is my next step if I tried on a pair of shoes in a store and a shard of glass cut into my toe?

It was about 1/4 inch long. My toe bled profusely. An incident report was made and I was given a case number. Although a deep cut, it does not warrant medical attention but I am limping because of the pain. Worse, I am leaving for vacation in 2 days and hope that this does not impair my trip.

Asked on June 20, 2014 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you don't receive medical treatment, you won't have any case because medical treatment is needed to document your injury  in order to receive compensation.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  When you complete your medical treatment and are released by the doctor, obtain your medical bills and medical reports.  Your personal injury claim filed with the insurance carrier for the store and the insurance carrier for the shoe manufacturer should include your medical bills, medical reports and if applicable, documentation of any wage loss.  Compensation for wage loss is straight reimbursement.

If the case is settled with the insurance carriers for both parties (store and manufacturer), NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file a  lawsuit for negligence and strict liability against the manufacturer and store.  Negligence is the failure to exercise due care (that degree of care that a reasonable manufacturer would have exercised under the same or similar circumstances to produce a product that is not defective).  Strict liability is liability whether or not due care was exercised.  The store is liable even if it could not have known that the product was defective. 

If the case is not settled with either party, name both (manufacturer and store) as defendants in your lawsuit.  If the case is settled with one but not both parties, only name the party with whom the case has not settled as a defendant in your lawsuit. 

Negligence and strict liability are separate causes of action (claims) in your lawsuit.

If the case is NOT settled, your lawsuit for negligence and strict liability must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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.