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?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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 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.

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