Legal Question in Personal Injury in California
My question is related to personal injury. Long story short, I was at a major department store and was hit in the leg by a freestanding, sharp column that was used as a display. A woman was not watching her little boy and he knocked it over which then cut my leg badly. It was painful, had soreness, swelling and bruising for a few days but it eventually healed. A report was taken and corporate right away called me and "seemed" very concerned. Corporate refuses to take any resposibility and didn't even offer me a coupon, anything for my trouble. And the woman who wasn't watching her son laughed and didn't apologize. I knew the cut was deep enough that it was going to leave a bad scar (which it did) but I did not go to the doctor or need stiches. I took pictures and ultimately had to start negotiating myself with corporate and they are not budging and are playing hard ball. I have consulted 2 attorneys who won't touch me because the value isn't worth trying to prosecute. Just wanted to try and find out if I have ANY recourse or if I am screwed. Could I sue in small claims court? The company is based on the east coast but has stores nationwide.
3 Answers from Attorneys
Yes, you can sue in small claims court.
Give me a call for a free consultation at 800-816-1529 x. 1. We handle cases like this all over California.
You can sue in Small Claims, if you will accept an award within the jurisdictional limits of Small Claims Court. In California, that jurisdictional limit is $5,000. Additionally, there is a right of the Defendant to move the case to Superior Court, where you will be obligated to meet the procedural requirements of pleading and evidentiary proof. That means you will have to put on witnesses and the like. It is expensive to do so, which is why lawyers don't want to do it on a contingency fee basis, and shouldn't do it on an hourly basis. The cost of litigation will likely outweigh the recovery. For all those folks talking about the litigation lattery and runaway verdicts, the reality is that there is little practical sense in filing a claim like this in Superior Court. However, it is also reasonably clear that you should prevail against the merchandiser for having an unsafe premises.
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