Probably would have been a good idea to get a picture (camera phone, FTW) of the offending tack inside the boot......but don't know if you were thinking along those lines or not? Otherwise, unless you get the cooperation of the Macy's folks, you might have a tough time proving anything.
Hope you're feeling better soon!
Thanks for the sentiment.....toe still hurts like hell and probably will for a few weeks.
As for the proof and liability, consider what's really going on right now.
At present, Macy's is as much on the hook for any potential lawsuit as Timberland since the incident occurred in the Macy's store. It was the Macy's store manager that initially suggested I go to the ER for treatment, something we were going to do anyway, but the initial suggestion was made by the store manager.
Just like any accident that happens in any store, the store itself faces liability exposure. But personally, I really am not looking to hold Macy's responsible for this, it's all on Timberland. So, given that I'm looking just at Timberland, it would behoove Macy's to assist me in "going after" Timberland.
That and I'm picking up a copy of the incident report Tuesday and we have the names of the sales clerk, dept. manager and store manager, all witnesses to the incident and/or its after effects.
In essence, I'm not overly concerned about a coverup in all this....too many witnesses, too much documentation, incl. the ER.