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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98396
Experience:  Lawyer
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I just slit my breast (nipple) on a broken clear plastic

Customer Question

Hi.
I just slit my breast (nipple) on a broken clear plastic container in a drugstore.
It was right in the middle of the place next to the cash register so one had to go around it
to avoid it.
This is really annoying and painful, mostly ridiculous, but a situation that could have been avoided in the first place, if people did their job.
What kind of legal recourse is possible in this situation?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Waft have they offered you so far!

Customer: replied 1 year ago.
They offered nothing, this just happened, I asked to see a manager and was referred to a guy who was filling the shelves. No apologies, no offer for medical attention. He just turned the display around and went back to filling shelves. This cut is a bout 1 cm wide under my nipple and it hurts like hell. I'm pissed off. I didn't go there for a f@# ***** just dishwashing soap.
I went back to take pictures in case. It's kind of funny, but its not when you think about it, it could have been a kid's eye. This thing is really in the way. You really had to go around it to get to the cash. Anyway... What can be done?
Customer: replied 1 year ago.
Did I say under my nipple? I meant *on* my nipple under the tip. Hurts like hell.
Expert:  Debra replied 1 year ago.

Sorry for the typos, I was replying to you on my iPhone.

Have you been to a doctor yet?

Customer: replied 1 year ago.
I wanted to know what could be done and you replied with 2 questions, less than 20 words in total.
I'm not impressed.
I guess we can forget this.
Thanks anyway.
Expert:  Debra replied 1 year ago.

I have not replied in a substantive way. I am trying to gather the facts. Usually when someone gets hurt they tell me more about what they have done.

Essentially the law is that the store will be liable for damages you've sustained if you can prove damages. The reason I asked about the doctor is that you cannot prove damages without a medical report. So if you want to be able to sue successfully you will need a medical report that sets out the damages.

If the damages are not great then it may be that your best approach is simply to send the store a letter, setting out the facts and demanding compensation as they were clearly negligent and you were hurt. Or better still have a lawyer send the letter as then they will be more worried about being sued and their insurance company will make you an offer to prevent a lawsuit.

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