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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16348
Experience:  15 years exp all aspects of general law
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Last month I bought a new pair of Nike,..the cute black and

Customer Question

Last month I bought a new pair of Nike,..the cute black and pink ones wernt wide enough...I was having a hard time...im diabetic and can't feel myvfeet...my daughter had given me the old ones I had on...the sales lady wasn't really helping me...she offered to bring me the same style I had..I hadn't bought myself new shoes in likevfive years....u tried them on and said yes I'll take these...I'm going to ware these out...you can throw these old ones away...she was talking with her make co worker and I had to ask her for help getting new Nike socksvtoo...I payed and left the store...that night then the whole next day as I walk two miles to work....I didn't notice any pain...that night as I took my sock off my middle right top of my toe came off..April 15.2016..I to the er and they stitched it back on...2 days later got a terrible infection...the er had me on antibiotics then I saw foot specialist..that's when I noticed in the show was still the stuffing in new shoes...that's why my toe got injured ...the saleslady was neglent giving me the shoes to try on without removing the paper...knowing I was diabetic...was having a hard time trying on shoes and couldn't feel my feet...now last night I just had surgery...six weeks later the infection went into my bone and dr Clark had to remove my toe...do I have a law suit here? Thank u for your time...Darlene **
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.

Hello there Darlene --

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I am sorry to hear about this. Was this a self service shoe area in a dept store like Kmart or Walmart or was it a store with a large shoe section where they keep other sizes and styles out back and there are dedicated salespeople for the shoe area of the store?

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MARY

Customer: replied 1 year ago.
Famous footwear is the name of the shoe store...they're Nike tennis
Customer: replied 1 year ago.
Some shoes are out but she brought me this particular pair of shoes from the men's section...
Expert:  Legalease replied 1 year ago.

Hello there Darlene --

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First, no matter what type of store you purchased the shoes in, I believe you have a case either way so long as you have witnesses to buying the sneakers and to the fact that the stuffing was left in there (and when it was pulled out).. Your case is very strong if there are salespeople helping all of the customers with the shoes and finding different sizes and styles either from other departments or from a back room storage area (a traditional shoe store atmosphere) -- this strength is because the saleslady should have known how to deal with trying on sneakers and should have known how delicate your feet are after she was told of your condition. SHe was negligent in not taking out the stuffing and that is what lawyers look for in building a lawsuit against a company. If it is a small shoe department in a larger retail store, they would claim that there are no dedicated "shoe sales people" and the salesgirl had no requirement to know to pull out the stuffing or how delicate your feet were (but that still will not be a good defense and you still have a case because even in a large retail department store, if the store provides helpers then the store is responsible for negligent acts no matter what department they are assigned to).

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So, my suggestion to you is to immediately start contacting personal injury lawyers in your county -- you may run into one or two lawyers who might not want to take it on depending upon their own specialties and caseloads, but I believe you should be able to find a lawyer fairly quickly to file a lawsuit against the store for personal injury through the employees negligence. Contact your local county bar association (you can find them online if you use the name of your county and state and the search term BAR ASSOCIATION LAWYER REFERRAL) and ask for a referral to several personal injury attorneys in your county -- they should give you several names and you can go from there.

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Please let me know if you have further questions. If not, can you please press a positive rating so I will be paid for my time assisting you this morning. I am paid nothing unless you press the middle star, or the fourth or fifth star to the right of the middle star in the rating box above these chat boxes. THANK YOU VERY MUCH !!

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MARY

Expert:  Legalease replied 1 year ago.

Hello again Darlene--

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Do you have any further questions for me? If not, can you please press a positive rating above these chat boxes so I will be paid for my time? I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star above in the ratings section. So, I really do appreciate that you want to make sure I am paid and given credit for my time for assisting you with this question. Your question will not close and you can come back in and ask follow up questions for several weeks after the question was asked. THANK YOU VERY MUCH
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MARY