Legal Question in Consumer Law in Illinois

Neglegence

I recently went to a department store to buy a pair of pants. While trying on a pair of pants in the dressing room, I stepped on a pin and discover that there were quite a few pins on the floor, not only in the dressing room but also outside of the dressing room. I told the department store manager and was basically told that unless you're hurt, there is nothing they can do. Is there something that I can do because this is outrageous. Please advise.

Thanks

MT


Asked on 2/07/04, 9:52 pm

1 Answer from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: Neglegence

An element of proving negligence is that the plaintiff -- you in this instance -- suffered some sort of damage, i.e., you must have been hurt in some way. If you merely stepped on a pin lying sideways, and it did not puncture you or otherwise hurt you, you have no damage and, therefore, no claim.

Of course, if you find the place disgusting and unkempt, you are free to shop elsewhere.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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Answered on 2/08/04, 5:55 pm


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