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I went to Macy's to exchange a shirt, and I took the

Customer Question
Good Afternoon. Lawyer's Assistant:...

Good Afternoon.

Lawyer's Assistant: Hi. How can I help?

I went to Macy's to exchange a shirt, and I took the exchanged shirt and the new one into the dressing room to try on, as I tried on the shirt I felt my face being scratched. Low and behold I look and there's 2 long scratches on my face from 2 pins that were left in the shirts for sale. I showed the associate and he said "Wow". I left thinking that If I put some coco butter on it would go away.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

2 to 3 weeks later it was still there. I contacted a Manager about what took place, showed them the marks that are now scars and they finally did a accident report and claim. New York. The claims department is now trying to offer me a Macy's gift card.. Then He said 100.00, then 300.00, and I said I was not comfortable with his offer...

Lawyer's Assistant: What steps have you taken so far?

He said he would contact me in a couple of days with another offer... He also told me to go a doctor and give them the bill that they would pay it. But how would them paying a medical bill compensate me?

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Okay.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They are not disputing or denying that this took place. I gave them the exact time and location in Macy's and the other proof was on the receipt. It told the day, time and the associate that checked me out.

Submitted: 4 months ago.Category: Legal
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Customer reply replied 4 months ago
Hello. I'm still here.
Answered in 24 minutes by:
3/15/2018
Lawyer: Troy Gorman,
 replied 4 months ago
Troy Gorman
Category: Legal
Satisfied Customers: 8
Experience: Attorney at Gorman Law Group, P.C.
Verified

Hello,

Sorry to hear that this happened to you! The first thing that I would recommend that you do is go to a doctor to find out exactly you are dealing with, whether there is permanent damage, and what you can do to treat the injury and heal the wounds. Without that information, it will be difficult for you to make an informed decision, and making sure that no scars will remain is most important. With regard to what they have offered you, it sounds like you have been negotiating pretty well on your own behalf. I know you may not want to hear this, but the reality is that it would be a difficult case to try and prove that Macy's is responsible for the injury. To hold them responsible, you would have to prove that the store did something unusual or unexpected that caused you to become injured. In my opinion, pins in a garment at a clothing store can be expected, and the injury occurred when you were putting the shirt on by yourself. It also depends on the extent of the injury. If the injury leads to permanent scarring, you could be entitled to more compensation. However, if the injury will eventually heal, it would be difficult to prove that you are entitled to much in compensation beyond what they have proposed. Thus, I recommend that you see a doctor very soon, ask Macy's to cover the bill if there is one beyond what any medical care plan you may have. If the doctor tells you it will heal, I would continue to negotiate with them on the gift card or cash settlement and the medical bills if there are more expenses due to further treatments. I know this may not be exactly what you wanted to hear, but it is my honest opinion. I hope I have answered your question, and that you can give me a good rating. If not, or if you have other questions, please contact me again. I wish you good luck!

Troy Gorman, Esq.

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Customer reply replied 4 months ago
Thank you.. And yes, they have offered to pay any medical bills. I would like to also include that the pins were not suppose to be in the shirts. They were taken from shirts that were packaged and put on discounted racks for sale. The manager stated that the pins were suppose to be removed.
Lawyer: Troy Gorman,
 replied 4 months ago

I agree with you - the pins should not have been in the shirt! My legal opinion is based upon what has happened in similar cases in the past, and the legal standards are often different than what common sense would dictate, unfortunately. Thanks for sharing the pictures. Please make sure you see a doctor soon to see what can be done to reduce the scarring and, depending on his/her medical opinion, you may want to schedule an in-person meeting with an attorney in your area that handles these kinds of cases. If they think you have a case, they would usually agree to handle this kind of case on a contingency without charging you up front. I hope this has answered your question, and that you can rate me positively. Take care, and good luck.

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