[Zeke]

My wife was recently shopping at Ross Stores for some throw rugs. She was led by a salesperson to a rack of these runners and other sizes of inexpensive Oriental rugs. She told the salesperson she would browse and the salesperson agreed saying that if she needed help, to call her over.

When placing a rug back on the rack, she received a deep gash from the metal part of the rack right between the middle finger and ring finger large knuckle. Right in the valley between those knuckles.

She was bleeding so badly, she had to hold her other hand under the right hand that had been cut so as to not drop blood on the floor and/or other store merchandise.

She walked over to the sales counter and asked for some aid. I guess they gave her some paper towels or something, I don't know. All I know is she went straight to the local doc in the box (emergicare) to see about a stitch.

The doctor told her that it was a difficult place to stitch being a low spot and that some nerve damage could occur if he did so. He recommended a type of butterfly bandage and keeping her hand vitually immobile for the healing period.

It opened up by the next day and she went back to have the doctor on duty have another go at closing the wound. After 4 weeks, the wound is healed, but the pain is still there and she has a "tight hand" when she closes her hand to grab something.

Meanwhile, she filed a claim for her expenses, basically her out of pocket for the deductible. We received a letter from a firm that handles claims for Ross Stores. Here is the text:

"Dear Mrs. Bxxxxxx:

We have carefully examined the circumstances surrounding this incident and have enough information to make a decision regarding your claim.

Based on the completed investigation into this matter, it is our position that Ross Stores was not negligent to your incident. While the incident is very unfortunate, we have reached this conclusion based on your statement, the statement of the store manager, and a witness. Ross did not have actual or constructive notice of any hazard. In addition, sufficient precautions were effectuated.

Therefore, we have determined that Ross Stores is not liable for your injuries and must regretfully deny the claim.

If you have any questions regarding this denial, please contact the undersigned."

I thought she was being fair only asking for her out of pocket ($50) and not trying to blow the thing out of proportion into a "slip and fall" lawsuit.

I have just come into this issue and to tell you the truth, I was pissed at their letter and have considered moving ahead with the claim in court.

Comments?

(Edited for punctuation)