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)
TTC since June 2012
TTC since June 2012
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.
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.