Money Matters
Dear Community,

Our tech team has launched updates to The Nest today. As a result of these updates, members of the Nest Community will need to change their password in order to continue participating in the community. In addition, The Nest community member's avatars will be replaced with generic default avatars. If you wish to revert to your original avatar, you will need to re-upload it via The Nest.

If you have questions about this, please email help@theknot.com.

Thank you.

Note: This only affects The Nest's community members and will not affect members on The Bump or The Knot.

what is reasonable? (somewhat MM related)

Over the weekend I was basically a clumsy idiot....a little graphic, tried to keep it to only necessary detalis...







H and I were shopping in Home Depot for garden supplies (my squash family plants were getting out of control, se we needed some trellis for them to climb). As we were shopping in the fencing/chickenwire area there was a pile of fence posts just lying in the aisle, as I walked around the fence posts (talking to H, not really watching where I was going) I tripped over the metal ties that had been holding the pile of fence posts onto the pallet.  someone had cut the metal ties open and the cut/twisted end of the metal cut my foot (actually my toe). eventually after tracking down an employee who found a first aid kit (it was mostly empty, the bandaid and alcohol wipe from it weren't going to do much for me). then an employee helped me to the other end of the store so I could wash the cut out in the bathroom...at this point it became clear that the cut would need more than a bandaid.

H and I ended up in the emergency clinic, where they glued the laceration (1.5-2" long) together, gave me a tetanus booster, and antibiotic because they couldn't clean under my nail bed. 


all this said, I'm planning to send Home Depot any medical bills associated with this, right now an ER bill of undertermined amount, and about $10 at CVS for the antibiotic and associated first-aid supplies to keep the wound covered, clean, and dry (H said each of the 2-3 ties that were cut were a $5000 OSHA violation if they had seen them).  I am a dancer, I teach professionally, I do not believe that there is anything beyond cosmetic damage, however I have had several dance collegues who feel that I should hire a lawyer, I guess that only crossed my mind if I have some permanent loss in what I'm able to do. I'm not going to be able to teach (at least to the capacity that I usually do for the next week or two), and probably won't be putting pointe shoes back on until my nail grows out.

right now I'm just angry that this happened. Though I'm glad it was me, not a little kid or elderly person. 
Me: 28 H: 30
Married 07/14/2012
TTC #1 January 2015
BFP! 3/27/15 Baby Girl!! EDD:12/7/2015

Re: what is reasonable? (somewhat MM related)

  • smerkasmerka member
    Ancient Membership 250 Love Its 500 Comments Name Dropper
    Are you asking if you should sue or how much you should sue for?
  • edited July 2014
    I guess, that's what I'm asking.  or should I just wait and see how it heals? honestly I should be able to go shopping without ending up in the ER. 

    I'm wondering what others would do? I've been thinking, well at least I can send them my medical bills, but then I have my dance collegues pressing me that I should ask for more, so now I'm just a little confused.

    When this happened there were about 6 employees standing around doing nothing, there was no reason any of that should have been left in the middle of the aisle. 

    Edited for a little more detail. 
    Me: 28 H: 30
    Married 07/14/2012
    TTC #1 January 2015
    BFP! 3/27/15 Baby Girl!! EDD:12/7/2015
  • athlete010688athlete010688 member
    500 Comments Third Anniversary 5 Love Its Name Dropper
    edited July 2014
    I believe with @vikingsfan71713.  I believe we have a lawsuit happy society, where everyone and anyone tries to sue to get extra money.

    If this will prevent you from working and damages your career, then yes, I could see where you would and probably should sue.  However, if it's just cosmetic, and you might miss a couple of days of work, then no, I don't think you should sue.  

    I work in Human Resources, and we have retail stores.  I know if a customer gets injured in the store, they have to fill out a accident report, and it gets sent to Worker's Comp.  I know if an employee misses time from work from a work-related injury, they receive loss time wages.  I would think that's the same for a customer as well.

    Did Home Depot have you fill out any type of report?
    Anniversary

    image

    TTC since June 2012

  • edited July 2014
    @Vikingsfan71713, that's pretty much where I'm at right now, assuming I also have no problems getting them to cover the bill I receive for the ER. the strangest thing is that it really doesn't hurt that much, so the ER RN/MD were a little concerned that there might be some muscle/nerve damage because I can't really feel it...but they didn't want to do too much probing around the laceration. they said to let it heal some and follow up with my PCP if it doesn't seem right after. 
    Me: 28 H: 30
    Married 07/14/2012
    TTC #1 January 2015
    BFP! 3/27/15 Baby Girl!! EDD:12/7/2015
  • I believe with @vikingsfan71713.  I believe we have a lawsuit happy society, where everyone and anyone tries to sue to get extra money.

    If this will prevent you from working and damages your career, then yes, I could see where you would and probably should sue.  However, if it's just cosmetic, and you might miss a couple of days of work, then no, I don't think you should sue.  

    I work in Human Resources, and we have retail stores.  I know if a customer gets injured in the store, they have to fill out a accident report, and it gets sent to Worker's Comp.  I know if an employee misses time from work from a work-related injury, they receive loss time wages.  I would think that's the same for a customer as well.

    Did Home Depot have you fill out any type of report?
    My husband filled out a report for them while I was in the washroom attempting to clean it and get it to stop bleeding.  they did seem relieved that the ER doc decided to use glue instead of stiches, I guess that my have some implication for how the report got filled out.
    Me: 28 H: 30
    Married 07/14/2012
    TTC #1 January 2015
    BFP! 3/27/15 Baby Girl!! EDD:12/7/2015
  • For now I would have them cover your ER visit and any follow up visits.  If in the near future you find out more damage has been caused beyond cosmetic and you have loss of wages then I would proceed further at that time.
  • @gdaisy09 - that's good.  Since they know of the accident, I honestly don't think you'll have any issues getting the bills paid.  If you find out there's more damage than cosmetic, I think you should then proceed.  But until then, Just have them pay your bills and any future appointments.
    Anniversary

    image

    TTC since June 2012

  • Thanks All, I was getting a little overwhelmed by the number of people telling me I should "lawyer-up".
    Me: 28 H: 30
    Married 07/14/2012
    TTC #1 January 2015
    BFP! 3/27/15 Baby Girl!! EDD:12/7/2015
  • smerkasmerka member
    Ancient Membership 250 Love Its 500 Comments Name Dropper
    I would wait and see before you hire an attorney. Keep track of all your expenses, any missed time from work, etc. I am not attorney and do not play one on tv. But this is my experience. I was involved in a car accident. I was rear ended at a stoplight. At the time of the accident, I felt fine and we traded information. An hour or two later, my neck started to feel funny so I went to the emergency room. They gave me some pain killers and sent me on my way. I felt fine the next day and thereafter. The other drivers insurance company paid my hospital bills and my time off work. They also sent me some money for "pain and suffering" but I had to agree not to sue them, which I had no plans to do anyway. I would venture that most companies would prefer to settle rather than pay lawyers to go to court. Depending on how your injury turns out, I would ask Home Depot to make you whole (pay you for any expenses you have incurred). Do not sign anything or cash any checks until you know how your injury will heal. If Home Depot does not cooperate, then I would hire a lawyer.
  • hoffsehoffse member
    Sixth Anniversary 2500 Comments 500 Love Its Name Dropper
    Honestly, I think the likelihood of you prevailing against Home Depot is virtually slim to none.  They play in the big leagues from a legal standpoint, and you don't.

    I know who represents them in Atlanta.  They probably have lawyers in your neck of the woods too, but they will be of the same quality as their Atlanta-based representation. 

    If Home Depot offers you some money to cover this, it will be because it's cheaper than hiring their legal team to look into it and/or because they want to retain you as a customer.  

    I'm sorry if this sounds jaded, but it's the business.  You would need to hire somebody who is at an equivalent firm if you didn't want the HD lawyers to eat them alive.  When all is said and done, the legal fees would be significantly more than the cost for this ER visit.
    Wedding Countdown Ticker
  • Thanks @hoffse

    that's basically what I've been telling my collegues...probably way more of a headache than it's worth. 
    Me: 28 H: 30
    Married 07/14/2012
    TTC #1 January 2015
    BFP! 3/27/15 Baby Girl!! EDD:12/7/2015
  • hoffse said:
    Honestly, I think the likelihood of you prevailing against Home Depot is virtually slim to none.  They play in the big leagues from a legal standpoint, and you don't.

    I know who represents them in Atlanta.  They probably have lawyers in your neck of the woods too, but they will be of the same quality as their Atlanta-based representation. 

    If Home Depot offers you some money to cover this, it will be because it's cheaper than hiring their legal team to look into it and/or because they want to retain you as a customer.  

    I'm sorry if this sounds jaded, but it's the business.  You would need to hire somebody who is at an equivalent firm if you didn't want the HD lawyers to eat them alive.  When all is said and done, the legal fees would be significantly more than the cost for this ER visit.
    We live in a sue happy nation.  I think most who sue are not looking for some huge payout......they're just looking for the company to settle and throw them a little money to go away. 

    OP - Unless it affected my life in a permanent way, I'd forward them the hospital bills for payment and move on.
  • JoanE2012 said:
    hoffse said:
    Honestly, I think the likelihood of you prevailing against Home Depot is virtually slim to none.  They play in the big leagues from a legal standpoint, and you don't.

    I know who represents them in Atlanta.  They probably have lawyers in your neck of the woods too, but they will be of the same quality as their Atlanta-based representation. 

    If Home Depot offers you some money to cover this, it will be because it's cheaper than hiring their legal team to look into it and/or because they want to retain you as a customer.  

    I'm sorry if this sounds jaded, but it's the business.  You would need to hire somebody who is at an equivalent firm if you didn't want the HD lawyers to eat them alive.  When all is said and done, the legal fees would be significantly more than the cost for this ER visit.
    We live in a sue happy nation.  I think most who sue are not looking for some huge payout......they're just looking for the company to settle and throw them a little money to go away. 

    OP - Unless it affected my life in a permanent way, I'd forward them the hospital bills for payment and move on.
    Thanks, that's the plan, I was just looking for validation that my collegues were crazy.  so far it seems to be healing well, I wasn't able to teach at full-capacity this week, and expect it'll probably be a month before I can get my normal teaching shoes back on...but so far so good. Definitly going to end-up with a nasty scar, good thing I'm a dancer not a foot-model ;)
    Me: 28 H: 30
    Married 07/14/2012
    TTC #1 January 2015
    BFP! 3/27/15 Baby Girl!! EDD:12/7/2015
  • Interesting story. I am sorry about your toe. I have a similar story. My nephew was carrying my infant niece through a grocery store (chain store in Iowa) and he tripped over an opened box left in the aisle by a worker restocking shelves. He dropped the baby and she hit her head on the floor.

    THANKFULLY, she was fine. And so was he.

    I actually disagree with the poster who said to leave this alone because Home Depot's legal guns are bigger that the OP's. That's intimidation.

    IF in fact, this poster cannot do her job and requires some form of rehab and let's say she has to change fields altogether and requires a new degree and a masters degree at that, should she have to pay for HD's employee negligence just because she has been made to be afraid that HD's big gun attorneys are going to eat her little lawyer alive?

    I too am against frivolous lawsuits (I air on the conservative side of pretty much everything). However, the reason we are permitted in this legal system to sue in the first place, is exactly for this reason. Damages which cost us exorbitant amounts of our OWN money.

    I hope the OP is fine and that her toe heals properly with no last poor effects. If it doesn't I do think she should consider the LONG-TERM costs to herself and her family before she writes off any legal proceedings.

  • Another reason I don't like Home Depot.  We are Lowes people :)

    I would not sue, however I think they should be held responsible for your medical bills.  So sorry this happened.  My hands are very important to me and when I was cutting lettuce 5 years ago, I almost cut off my fingertip.  I had probably 6-8 stitches.  that was really painful! 
    Baby Birthday Ticker Ticker
  • Thanks @MommyLiberty5013.  Fortunately teaching dance is a second job, yes my family depends on the money, but it is not my sole source of income. I've been able to continue teaching (and therefore still able to collect a paycheck) however I'd definitely say that my classes were not 100% this week as my ability to fully demonstrate some things wasn't 100% there. c'est la vie...the same thing happens when I get a migraine. 

    Things seem to be healing on track, since my toe-nail/nail bed was damaged that will take some time to see if it's going to heal properly. I was hoping to be performing this fall, we'll see. fortunately that's more of a hobby than a job. H and I are considering starting a family before next season starts, so I may be done performing, at least in a clasical ballet forum.

    I can't even imagine what could have happened if a child, elderly person, or someone who was immunocompromised had been injured instead of me, I suppose home depot should feel lucky that a healthy young adult found the sharp edge of that metal.
    Me: 28 H: 30
    Married 07/14/2012
    TTC #1 January 2015
    BFP! 3/27/15 Baby Girl!! EDD:12/7/2015
  • hoffsehoffse member
    Sixth Anniversary 2500 Comments 500 Love Its Name Dropper
    OP, I'm glad you're going to be ok.

    To clarify - I'm not saying companies shouldn't be sued.  But there's a cost-benefit analysis to it that a lot of people just don't think about it until they are up to their eyeballs in it.

    Let's say OP's grand total came to $12,000.  Recovering that through legal means is not going to be free, even if she tried to navigate the court system on her own.  There will be filing fees, etc.  And if she makes a mis-step, her complaint might be dismissed for failure to use the correct procedures.  So she hires a lawyer to avoid having her complaint dismissed on procedural grounds.  How much are you willing to spend to recover $12,000?  Let's assume you have to bear your own legal fees even if you do win - that happens a lot.  What is it worth to you?  Would you settle if they offered $8,000?  What if it cost you $7,000 to get that $8,000 settlement?  Is that a win?

    OK so now we're thinking that the hourly lawyer is not the way to go because he can spend your money too quickly.  How about the guy that charges a commission?  He gets 1/3 of anything he recovers, and he doesn't get anything if he doesn't recover anything.  That sounds good, right?  Well for a $12,000 lawsuit he stands to earn - at most - $4,000.  And his opponent is Home Depot.  This same lawyer also has a car accident victim who is suing a local driver for $50,000.  It's an easier, local case with a far larger recovery (for the lawyer).    How much time is he going to spend on the $12,000 case against Home Depot vs. the $50,000 case against a local driver?

    Plenty of people recover from companies for injuries like this, but very often it happens outside of formal legal channels.  It would not surprise me if HD had some standing policy to pay up to X amount or whatever.  It's a warehouse full of machinery, sharp objects, and things that can kill you if you (or your kids) ingests them.  There's no possibility that they don't have some standard way of handling issues like this.

    I just think that people need to go through the financial scenarios before they decide to "lawyer up."  Sometimes it's worth it. Sometimes it's not.
    Wedding Countdown Ticker
  • hoffse said:
    OP, I'm glad you're going to be ok.

    To clarify - I'm not saying companies shouldn't be sued.  But there's a cost-benefit analysis to it that a lot of people just don't think about it until they are up to their eyeballs in it.

    Let's say OP's grand total came to $12,000.  Recovering that through legal means is not going to be free, even if she tried to navigate the court system on her own.  There will be filing fees, etc.  And if she makes a mis-step, her complaint might be dismissed for failure to use the correct procedures.  So she hires a lawyer to avoid having her complaint dismissed on procedural grounds.  How much are you willing to spend to recover $12,000?  Let's assume you have to bear your own legal fees even if you do win - that happens a lot.  What is it worth to you?  Would you settle if they offered $8,000?  What if it cost you $7,000 to get that $8,000 settlement?  Is that a win?

    OK so now we're thinking that the hourly lawyer is not the way to go because he can spend your money too quickly.  How about the guy that charges a commission?  He gets 1/3 of anything he recovers, and he doesn't get anything if he doesn't recover anything.  That sounds good, right?  Well for a $12,000 lawsuit he stands to earn - at most - $4,000.  And his opponent is Home Depot.  This same lawyer also has a car accident victim who is suing a local driver for $50,000.  It's an easier, local case with a far larger recovery (for the lawyer).    How much time is he going to spend on the $12,000 case against Home Depot vs. the $50,000 case against a local driver?

    Plenty of people recover from companies for injuries like this, but very often it happens outside of formal legal channels.  It would not surprise me if HD had some standing policy to pay up to X amount or whatever.  It's a warehouse full of machinery, sharp objects, and things that can kill you if you (or your kids) ingests them.  There's no possibility that they don't have some standard way of handling issues like this.

    I just think that people need to go through the financial scenarios before they decide to "lawyer up."  Sometimes it's worth it. Sometimes it's not.

    I know what you're saying regarding the cost/benefit analysis. I agree with that. It makes no sense to sue for small chump change. All I was encouraging the OP to do was to consider the long-term costs to herself and her family. While the medical bills may only be $12k or whatever (I know that's a made up amount), she could potentially have the cost of day care, new education, rehab, etc. These are pricey things that can bankrupt a family. I dislike the folks who run out and sue without thinking things through. But, that can also be a problem in the opposite direction. Sometimes the "little gal/guy" needs to sue to protect her/himself/family. In those honest cases of needing to save the family, I think suing makes the most sense and is not frivolous.

    People in HD need to have a sense of security that the HD company or its employees are not going to cause the customers harm. Accidents do happen. People/customers can be careless (not saying the OP was), but in this case it seems like based on the facts provided, that the HD employee was careless. Those metal straps on bulk products are SUPER sharp.

    If this happened to my husbands hand for example, and he couldn't work...he flies planes for a living and I am a SAHM, then we'd absolutely need to sue for damages that would make us whole again.

  • If I were in your position I would first submit your medical expenses & see if they cover them, if not, then I wouldn't persue the medical bills any further then. Now if you lose time at work, again I would contact them & if they compensate you, no need to hire an attorney. If your toe heals properly, then I would probably drop the issue. If the toes doesn't heal properly I would contact home depot again to address the issue. As long as they are working with you and compensating you properly for your expenses, why spend the money to hire a lawyer & the time of a possible court case.
Sign In or Register to comment.
Choose Another Board
Search Boards