What to do if while on vacation I fell over a tote in the way at a convenience store and cut my leg and hurt my knee?

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What to do if while on vacation I fell over a tote in the way at a convenience store and cut my leg and hurt my knee?

They took pictures and did a report. Later that day a guy called from the insurance company and wanted to know if I was going to file a claim and took a statement from me and said they were going to watch the video before deciding what to do. Do I have a case from any of this? It ruined our vacation because I could not get around with my leg, not sure if leg is OK and I might have a scar from the cut.

Asked on August 4, 2013 under Personal Injury, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would only have a claim against the store IF:

1) The tote was in an aisle or other area where a customer would be expected to walk, AND

2) Either a store employee placed the tote there; or if placed by a third party (such as another customer), either the store knew for a fact it was in the way (such as if someone had told or warned them), or it had been in the way for so long that it would not be reasonable for the store to have not become aware of it.

On the other hand, say a customer dropped or moved it there a few minutes before you tripped, and the store did not know that had happened; in that case the store had not been careless or otherwise done anything wrong, and so would not be liable or responsible.


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