Legal Question in Personal Injury in Texas

am I entitled to compensation

i stepped on a large pin/nail whilst trying on a pair of running shoes in a department store. I reported immediately. This was painful and it pierced through my skin .Should I be looking at compensation? ihad to have a tetanus shot as i had not had one in 10 years


Asked on 2/01/07, 11:49 am

2 Answers from Attorneys

Dan Street Street Law Firm

Re: am I entitled to compensation

To be entitled to compensation for negligence on the part of the store, you would have to show that either the store put the pin/nail on the floor OR that they knew it was on the floor before your injury and failed to warn you OR that they SHOULD have known it was on the floor before your injury by your proving that it had been there for a long time. Understandably, these things are very hard to prove. (That's exactly what our Republican legislature and Supreme Court intented!) If you were able to prove these elements, then you would be entitled to compensation, but only for the damages caused by the incident. In all likelihood, only your medical bills, lost wages, and a small measure of "pain and suffering" would be awarded. Insurance companies count on your not being able to prove one of the elements of your case or not having enough damages to make the case worthwhile. That's why literally 90% of all claims are either dropped or settled by claimants before they consult an attorney. (It's also another reason why insurance companies make BILLIONS every year.)

Read more
Answered on 2/02/07, 5:14 pm
Roger Merrill Merrill & Associates

Re: am I entitled to compensation

It's reasonable to ask the store to pay for your tetanus shot and, if you lost income while going to the doctor's office, the wages you lost. Assuming the pain was momentary and you were feeling okay within a short period of time, you might want to limit your demand to just your out-of-pocket losses. If the pain was prolonged or you had any scarring, then you should seek compensation for that as well.

Read more
Answered on 2/01/07, 1:35 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Texas