Legal Question in Personal Injury in New York
Injury
I was injured in a Price Chopper. A can, that was left on a magazine rack, fall on my toe and split my toenail (cracked at the base of the big toenail horizontally 75% across the toenail) and cut my toe open. What is the liability that Price Chopper owns as a result of this injury?
3 Answers from Attorneys
Re: Injury
In this case, if you have damages (which I am sure you do) I would say that the liability is pretty clear with Price Chopper. You need to get some evidence of damages (ie. Doctor's report) and then proceed accordingly. If you need any help, please feel free to contact me.
Thanks
Re: Injury
Sounds like a weak case. Not clear why Price Chopper is at fault for can left in wrong place - need proof that they knew about it and left it there. Not likely to get that proof.
Injury sounds like something, but not much. Possible that they would agree to pay some medical bills.
My office would not take a case this small, but you may want to see if you can find a lawyer who would take it.
Re: Injury
As with most premises cases, it must be shown in some way that the store owner/operator was on notice of the dangerous condition. Either the condition was reported to or observed by store personnel, or remained in place for enough time before your accident that it should have been noticed and remedied. This issue must be explored before any decision can be made on the merits of a case. VTY, M. E. Zuller