Broken Security Tags Don't Count Unless......

[smkosik]

What is the name of your state? PA
I was shopping and tried on a pair of shoes, which happened to have a broken piece of a security tag in it. The piece punctured my foot pretty deeply and it bled a lot. I filled out an incident report, was treated for first aid, refused the emergency room and went home.
I sought advice from a family member (who is a doctor) and realized that there was not much that could be done other than treat for pain, tetanus and monitor for infection.
I was then contacted by an insurance company offering me $50 to settle my medical and pain and suffering damages. The main reason being that I did not have any actual medical bills to legitmate my claim. I guess I was stupid by not racking up the medical bills and getting treatments to "document" the extent of my injury. So much for controlling medical costs.
Anyways I refused the "settlement" and plan to take it to small claims court. I will probably lose because I am not a lawyer. This is really unfair and the law seems to do very little for encouraging stores to be a little cleaner and less negligent and to provide incentive for a different security tag design that does not injure customers. I am sure this will not be the last time someone will be hurt at that store. Anyways.....
My advice to all who are injured. No matter how small the injury. GO GET MEDICAL TREATMENT AND HEED THE DR.S ADVICE. AND DOCUMENT DOCUMENT DOCUMENT! NEVER TRUST THE INSURANCE ADJUSTER - EVER!!!!
If anyone can help me I would appreciate it. I guess the claim is too small for any lawyers to care. I guess I am taking this to court for the principal of the matter. I hope this helps someone else from being as dumb as I.What is the name of your state?

[BelizeBreeze]

Originally Posted by smkosik

What is the name of your state? PA
I was shopping and tried on a pair of shoes, which happened to have a broken piece of a security tag in it. The piece punctured my foot pretty deeply and it bled a lot. I filled out an incident report, was treated for first aid, refused the emergency room and went home.
I sought advice from a family member (who is a doctor) and realized that there was not much that could be done other than treat for pain, tetanus and monitor for infection.
I was then contacted by an insurance company offering me $50 to settle my medical and pain and suffering damages. The main reason being that I did not have any actual medical bills to legitmate my claim. I guess I was stupid by not racking up the medical bills and getting treatments to "document" the extent of my injury. So much for controlling medical costs.
Anyways I refused the "settlement" and plan to take it to small claims court. I will probably lose because I am not a lawyer. This is really unfair and the law seems to do very little for encouraging stores to be a little cleaner and less negligent and to provide incentive for a different security tag design that does not injure customers. I am sure this will not be the last time someone will be hurt at that store. Anyways.....
My advice to all who are injured. No matter how small the injury. GO GET MEDICAL TREATMENT AND HEED THE DR.S ADVICE. AND DOCUMENT DOCUMENT DOCUMENT! NEVER TRUST THE INSURANCE ADJUSTER - EVER!!!!
If anyone can help me I would appreciate it. I guess the claim is too small for any lawyers to care. I guess I am taking this to court for the principal of the matter. I hope this helps someone else from being as dumb as I.What is the name of your state?

You refused medical treatment ie emergency room treatment which could have given you the ability for followup treatment on a continuing basis.

Since you are presumed an adult, this was your own decision. The insurance company is not only being fair but is not obligate to offer you anything due to your own actions.

So, step off the soapbox and take it to small claims if you want. But don't be surprised if you lose NOT because you are not an attorney and NOT because it's a big company against little ole' you.

It will be because you didn't seem to think the incident was important enough for medical treatment so why should the court?

[teflon_jones]

Can you prove that the store put the broken security tag in the shoe? You need to prove they knew it was in the shoe and failed to do anything about it.

[divgradcurl]

Originally Posted by teflon_jones

Can you prove that the store put the broken security tag in the shoe? You need to prove they knew it was in the shoe and failed to do anything about it.

I doubt it. This is much more of a res ipsa situation than, say, a pool of water in the vegetable aisle.

[BelizeBreeze]

Originally Posted by divgradcurl

I doubt it. This is much more of a res ipsa situation than, say, a pool of water in the vegetable aisle.

TRANSLATION: Don't you go where the huskies go and don't you eat that yellow snow

[ecmst12]

How much do you think your cut foot is worth? $100? $200? I don't think you could get much more then that. Did you try negotiating with the insurance company?