Is a store responsible for an injury due to clothing that was purchased there?

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Is a store responsible for an injury due to clothing that was purchased there?

My daughter took her son to the store to buy him a jacket. On the way home, he put it on and reached

into the pocket but was cut with 4 razor blades that were in there. The store said that they looked at the videos and did not see anyone put them there. I was told by an employee that’s the first report in clothing, usually auto parts and housewares.

Asked on January 25, 2019 under Personal Injury, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The store would most likely not be liable. Placing multiple presumably unsheathed and/or non-safety razor blades in a pocket is almost certainly a criminal act--an action done deliberately to harm anyone reaching into the pocket. A store is not liable for the criminal actions of other persons.
Furthermore, you can only sue for your actual out-of-pocket medical costs and for "pain and suffering" for significant life impairment or disability lasting months or longer. If your grandson received cuts you could tend at home, there is nothing to sue for.


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