Damaged Store Fixture

[imclean]

My question involves a consumer law issue in the State of: Ohio. i was recently in a local wine and spirits store. as i was walking down the aisle, i stopped to check out their selection. as i stepped back to get a wider view, my foot rubbed up against the shelving unit behind me a tore a big hole in my shoe. One of the employees saw it happen, and i'm pretty sure it's probably recorded on their security system as there is a camera aimed right at the area. they told me they weren't going to do anything for me. that i was s.o.l. had i been wearing sandals, they said they would have taken care of my drs bills. been trying to get ahold of the manager, but he suddenly left for vacation, and they wont let me talk to the owner. what are my options. all i want is for them to replace my shoes.

[PayrolGuy]

Nothing in your post other than the subject line mentions that there was anything wrong with the shelving unit or that it was out of place in any way.

[pg1067]

Your best option is to be more careful in the future. Why do you think the store ought to be liable to you? How much $$ is at issue here?

[adjusterjack]

all i want is for them to replace my shoes.

Not gonna happen. Nobody at the store did anything wrong to you. It was your own fault.

[imclean]

Nothing in your post other than the subject line mentions that there was anything wrong with the shelving unit or that it was out of place in any way.

sorry, guess i left out the important stuff. They just remodeled and one of the fixtures was bent out of shape and had a piece of the metal fixture was sticking out. that is what tore my shoe.

[PayrolGuy]

sorry, guess i left out the important stuff. They just remodeled and one of the fixtures was bent out of shape and had a piece of the metal fixture was sticking out. that is what tore my shoe.

That really doesn't change much. I'm betting that if it was enough to damage your shoe it was also visible if you had been looking where you were walking. There is also no reason to believe that the management knew there was a hazard.

[pg1067]

sorry, guess i left out the important stuff. They just remodeled and one of the fixtures was bent out of shape and had a piece of the metal fixture was sticking out. that is what tore my shoe.

Ok...was there some reason why you somehow couldn't see this piece of metal? What sort of shoes were you wearing such that they were torn as a result of this? How much do these shoes cost? How long had you owned them at the time of the incident?

Even if the store had liability (and that's a big "if"), you're entitled to the lesser of (1) the fair market value of the damaged item at the time the incident occurred or (2) the cost of repair. Unless these were ridiculously expensive shoes that you had just bought, the damaged shoe likely had a value of no more than $5. If the store owner or manager says that he/she won't pay you anything, your recourse is to sue, and it's simply not practical to sue for something so small.

[imclean]

i didnt see the damaged metal shelf because i wasnt watching for hazards that low as i walked through the store. the damaged shelf wasnt all that noticeable. it was below ankle level. i was wearing running shoes that are below my ankle. they were only about a month old. im not a runner, so its not like they have hundreds of miles on them. new they are $130. shouldnt i expect to walk in a place open to the public and not worry about getting hurt or damaging my property? if i were wearing sandals, i would have definitely needed stitches. why should it matter that i tore my ankle open or my shoe? your reasoning makes it sound like i can operate a business with no concerns for my customers safety. it shouldnt matter that they may or may not have known about the damaged shelving unit. they are responsible for their customers safety to a certain degree. thats why they have wet floor signs. thats why they paint curbs yellow. thats why they dont make towering pyramids of glass bottles. am i that wrong in my thought process here?

[pg1067]

shouldnt i expect to walk in a place open to the public and not worry about getting hurt or damaging my property?

From a legal perspective, you are entitled to expect that unreasonable hazards will be removed from the walking areas. However, you are also expected to watch where you're walking.

As I previously wrote, if the store won't compensate you voluntarily, your recourse is to sue. Given the amount at issue, you'd sue in small claims court. Based on your description, I'd say it's a coin flip whether you win or lose (unless you don't have pictures of the hazard, in which case I'd say it's a virtual certainty that you'll lose).