I was Injured at a department store< my injury is miner do i still have a case?

I was walking through a department inside store and a inproperly placed Priceing rack was sticking out of a clothing display and cut and scratched my arm causeing brusing and was bleeding as well.

Asked on June 5, 2009 under Personal Injury, Texas

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether you have a case depends on who is at fault, and what you can win.  In this instance, it appears that the department store may be held liable for negligence if your attorney can prove that they should have known that the price rack might cause injury to a customer.  Moreover, most department stores have insurance, which means that they have the financial ability to pay settlements and judgments.  What this case turns on, in my opinion, is your damages.  In other words, how badly were you injured?  If you received stitches and/or a scar, it is likely that you will be able to recover damages in an amount that it makes sense for you to file suit.  If, on the other hand, the cut was actually a "scratch" with no permanent damages, recovering any significant financial sum is unlikely.  I recommend that you consult with a skilled personal injury attorney in your area to discuss the merits of your case.


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