Do I have a case against a stores if I purchased a floor rug from them and there was a nail in it which i stepped on?

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Do I have a case against a stores if I purchased a floor rug from them and there was a nail in it which i stepped on?

I purchased a floor rug from the discount store last week; I placed it down last night for use. Within 3 hours I had stepped on what I thought was glass, though I had not broken anything. After a bit of search at floor level, trying to find what I stepped on, what I found deeply embedded into the fibers of the woven rug was a very old, rusty nail. The rusty nail broke the skin on the heel of my foot, causing me to bleed luckily I had a Tetanus shot administered last year. I still have the rusty nail and the rug it was embedded in.

Asked on January 17, 2018 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In theory, you could sue because of the hazardous condition. But based on what you write, it would almost certainly not be economically worthwhile. You can only get compensation equivalent to the actual medical costs you had, lost wages due to the accident (if any), and, IF the injury caused long lasting (typically months or more) significant life impairment, some amount for "pain and suffering." If all you suffered was a cut or puncture with no large medical bills and no significant long lasting impairment, you'd spend more time and money on the suit than you'd get back.


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