Legal Question in Personal Injury in Michigan
cut leg while shopping
My daughter and I were in a store and she hit her leg on a rack and cut it pretty badly. I asked for the person in charge, showed her exactly where it happened and she said it wouln't be the stores responsibility. I asked her to call the store manager which she did who also said they didn't think the store was responsible. They took my name and number and the store manager is supposed to call me back when it gets in at noon tomorrow. Is the store lieable for the medical costs?
1 Answer from Attorneys
Re: cut leg while shopping
The rack was likely an "open and obvious" condition in the store, even if it was protruding a little farther than usual, and your daughter didn't see it. Michigan law requires persons in public areas to watch where they are going, despite their age or vision ability, which is why the store is telling you they are not responsible. I worked on a case where a woman was poked in the eye with a strap that bundled wood, and even though it was sticking out 12 inches, the court determined the condition was open and obvious and dismissed the case.
However, the store may be willing to pay for medical bills and costs if you agree not to pursue a lawsuit - it never hurts to inquire of the manager, as stores like to keep a good relationship with their customers.
Thanks.
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