On Sunday afternoon, I was shopping at Super H Mart. I was trying to get some yogurt for my daughter from a small fridge and suddenly my finger was twisted and cut by something inside of the fridge. My finger soon started bleeding and hurting. My husband found that there was a hidden fan (blade) inside of the fridge but there were no signs to warn people about it.
I talked to the store manager, but he was rude and said it's all my fault. He doesn't think there should be a sign to warn people. It was very frustrating so I called the police. The police told me to take pictures and talk to an attorney for solutions. Now my finger stopped bleeding, but I cannot type easily at work, not can I play the piano or cook for my daughter. Please help me.
You have a premises liability claim, which encompasses accidents such as slip-and-falls, but also injuries such as yours, caused by a condition on property. You may find it helpful to read this page on my web site which gives some introduction to what you need to prove for a successful premises liability claim: http://www.daraghcarterlaw.com/slip-and-fall-accident-attorney
If the fan is indeed hidden from view and spins with sufficient force to cut your finger, it is probably a dangerous condition that the store either knew about or should have known about, and evidently they neither warned you of it nor tried to make it safe. There's a reasonable probability the store would be found legally at fault for your injury.
You have not indicated that you have received any medical attention for your injury, so there appear to be no past medical bills. You've also said that it is hard to type at work, but not that you have missed work due to the injury. With no "hard damages" like medical bills or lost wages, then your claim is for physical pain, physical impairment and mental anguish only.
I do not mean to discourage you, but a Harris County jury would typically not award much, if anything, for a claim for pain and suffering damages for a cut finger.
I recommend speaking with a personal injury attorney in Houston. Your claim is considered a premises liability case which can be difficult to handle if you don't know the specifics of the law. I am currently handling a case against Viet Ho Supermarket and can understand your frustration with the store blaming the victim.
Richard Kurt ArbucklePersonal Injury LawyerHouston, TX ·
Seek medical treatment for your finger. Then hire an experienced lawyer who is board certified in personal injury trial law by the Texas Board of Legal specialization to go after the store.
Make a claim against the store for a hazardous condition in their refrigerator. A store must not have any un visible hazard to a customer reaching into a refrigerator. See a physician and consult with a personal injury attorney. Make a claim for past pain and suffering, future pain and suffering, medical costs and lost wages if you have lost time from work.
