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The nails seemed to be laying right near the escalator without any signs warnings to be careful. I'm quite sure if I didn't step on them, somebody else would have - maybe a child or an elderly person. I know that I should have been more aware of my surroundings, but this is a public place and feel that the store should be responsible for this issue. The manager who took the incident report only wrote my name and number, didn't ask any questions and was on her way. Do I have any legal course of action I may take besides a complaint? What would be the best way to proceed with this?

2007-02-14 05:27:58 · 17 answers · asked by eric 1 in Politics & Government Law & Ethics

Thanks to anyone for your replies and help regarding this matter. I have scheduled an appointment to see a doctor for a tetanus shot. I did not have any greedy intentions behind this but just didn't know what the best course of actions were. If there are damages that are of costly value then I will of course seek compensation from Macy's. I still look forward to any comments any of you may still have.

2007-02-14 05:52:37 · update #1

17 answers

Absolutely. Macy's has a duty as a owner and occupier of land to make the premises safe.

First, go see a doctor immediately to have them assess the damage to your foot.

Second, get a personal injury attorney. They will take your case on contingency and their fee will be based on what you recover.

Third, sue their asses off. I hate Macy's with the fire of a thousand suns and they deserve to spontaneously combust. Go after them and don't let them get away with this.

Good Luck! Contact me if this store was in Illinois, my sister is a personal injury attorney in Chicago and I can have you talk to her.

2007-02-14 05:44:50 · answer #1 · answered by Peter 3 · 0 0

Sure, if you have any damages to speak of, you have a lawsuit for negligence which you could potentially win. It may not be worth the cost of suing though, unless you have extensive medical bills.

My suggestion is to write a letter to Macy's (send copies to the manager of the store and find a corporate address too) recounting what happened and asking that they pay for your shoes if they were damaged, and any medical costs. If you are reasonable, my guess is that Macy's or its insurance company will agree to do so -- and you would get only a little more at best from a lawsuit, and it would be costly in terms of money, time and aggravation to pursue that lawsuit.

You wanted further info: in a law suit, you might get more $ than your actual damages, but the only way you'll get a significant amount more is if you can show really bad behavior on this store's part -- they knew about it and didnt fix it, they have these problems all the time, they tried to cover it up, they blamed you. But if Macy's doesn't respond to your letter, or you just want more info, you should consult a personal injury lawyer. The consultation will be free.

2007-02-14 05:30:49 · answer #2 · answered by C_Bar 7 · 0 0

This is America, you can sue anyone for anything, but especially for something like this. You could get tetanus--have you gone to the doctor and made sure your shots were up to date first? I would do that before anything. Next I would get in touch with a lawyer--if you don't already have one, ask your friends and neighbors for references. The lawyer will be able to tell you what your next course of action is, and may even be able to tell you over the phone how strong your case is. The case probably won't go to court, Macy's will likely settle, but you could still get some good money out of it. I'm surprised that the manager was so brusque about it; usually people in that position would be a lot more concerned--ostensibly about you but really about the potential for a lawsuit.

2007-02-14 05:38:26 · answer #3 · answered by cg17 4 · 0 0

Go to a medical doctor and get a tetnis shot, etc that'll give you a legit reason to sue for medical expenses. Other then that I don't see anything else. After you get the medical bill go file a small claims suit at local court house.

2007-02-14 05:38:36 · answer #4 · answered by sadeyzluv 4 · 0 0

Of course you have legal options. The store is responsible for providing a safe environment for its customers. Manager was "vague" because she would have to answer to the "TOP" executives. By all means....contact an attorney and find out exactly what you should do.

2007-02-14 05:32:08 · answer #5 · answered by Lyn729 1 · 0 0

I'm not sue-happy, but that was gross neglect. You just won a small lottery. Contact any injury lawyer.

I can't believe what these people are saying, about moving on, forgetting about it, etc. Your foot was punctured by nails! It hurts, it was a shock, and it ruined your day. If the injury was minor, they will probably settle out of court. They absolutely derserve the lesson.

2007-02-14 05:32:15 · answer #6 · answered by itry007 4 · 1 0

Talk to a lawyer, get a copy of the report letter and see what they say. It depends where you live, all places have their own rules and regulations so its best to just call a lawyer. You could also complain against the person who took your report and say they werent helpful and didnt do anything.

2007-02-14 05:33:43 · answer #7 · answered by ashi 3 · 0 0

stable lord, circulate to get a tetnus shot and a few antibiotics as quickly as achieveable. this is an infection waiting to take place. The nail became grimy, and could definately reason mega problems with out scientific care.

2016-09-29 02:51:30 · answer #8 · answered by ? 4 · 0 0

I would contact an attorney and make sure you go and see a Dr., possibe tetnus shot. At any rate, I think that you have some sort of legal action here.
Good Luck !

2007-02-14 05:31:02 · answer #9 · answered by Anonymous · 0 1

This is the country of legal bickering. Go to a lawyer, I'm sure someone will be happy to take your case and run with it.

2007-02-14 05:31:32 · answer #10 · answered by tamara_cyan 6 · 1 0

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