QUESTION
Does the potential to be injured matter? How?
Asked on May 13th, 2015 on Personal Injury - New York
More details to this question:
I recently bought a bar stool and when I bought it home I realized that one of the legs was loose. I put some weight on it to see what would happen and it collapsed and broke apart. I could have been injured had I not noticed the defect in this product beforehand, but could I sue for the potential of personal injury if no injury has occurred?
12 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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That would be a yes.
Answered on Aug 31st, 2015 at 8:05 PM
1 Award
No. If you were not hurt, there are no damages for you to recover.
Answered on May 15th, 2015 at 2:03 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Not with a straight face.
Answered on May 14th, 2015 at 9:04 AM
Lisa Hurtado McDonnell
No, you need actual physical injury to win a personal injury case.
Answered on May 14th, 2015 at 1:24 AM
Definitely not. ?What damages have you suffered besides the cost of the defective bar stool, which you should return for reimbursement. ?If people could sue for potential injuries how would a court decide what your potential injury might have been so the value of your case. ?The number of lawsuits would increase by a huge amount.
Answered on May 14th, 2015 at 1:16 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Could have, might have, almost got hurt, is not a case. Be grateful you were not injured by the stool. Finding a defendant to sue is often times impossible because the junk was made in China.
Answered on May 14th, 2015 at 1:04 AM
James Eugene Hasser
No claim for personal injury unless you were hurt..that's why they call it a personal injury claim. You can probably get another stool or your money back, though. Good luck.
Answered on May 13th, 2015 at 4:50 PM
Edwin K. Niles
Every such claim has 2 elements: Liability (fault), and damages. You only have the first.
Answered on May 13th, 2015 at 4:11 PM
Thomas Edward Gates
You have no claim. You were not injured. You can take the stool back for replacement.
Answered on May 13th, 2015 at 4:05 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Not for personal injury. Every civil litigation has 2 components: (1) liability and (2) damages. If you have no damages, there is no case. You can obviously recover for the defective stool.
Answered on May 13th, 2015 at 3:01 PM
Business Litigation Attorney serving Irvine, CA
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Lawrence Bartels LLP
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There is no cause of action for "potential personal injury." You have a claim for a free replacement under the warranty, and should report the problem to the store you bought the stool from, who should then either replace it or have the manufacturer send you a new stool.
Answered on May 13th, 2015 at 2:40 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, you can't sue for what might have been. But you should get your money back for the product.
Answered on May 13th, 2015 at 2:32 PM