Can I file a lawsuit if I accidentaly stepped on a thumbtac that injusred my foot and the store did nothing but an incident report?

For a thumbtack? This would not be worth five minutes of any lawyers time, nor of yours.

Only if you can prove that they knew it was there and had time to remove it.

At best you have a lawsuit worth about nothing. What was your injury? The clerks laughing is rude but not a tort. You have no medical bills and no significant physical injury.

Your injury is too minor for an attorney to take the case. You should file a reasonable claim with their insurance company.

Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim comparative fault, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on fault. The above is my ?standard? response to a slip and fall question, but the same principals apply to your question. You would have to be able to prove that the store placed the tack on the floor, or that they had prior knowledge of it and failed to pick it up. All stores have sweep schedules of which they keep records, so you would have a hard time proving negligence.

It never hurts to talk to a lawyer.