Personal Injury Law (Accidents/Slip & Fall)/baby hurt at walmart

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Question
Hi, me and my 3 year old and 5 month old (which was in the shopping cart, in her car seat) were shopping at Walmart yesterday. While I was holding my 3 year olds hand, and pushing Walmart shopping cart with my daughter inside of it. I was looking at something in the toy section with my head turned to the left of me, when I turned my head straight, I took one or two steps and pushed the cart into a metal shelf that fell immediately, stricking the shopping cart. Luckily, the shopping cart blocked the shelf from surverly harming my baby. However, about 20 playdough jars fell, everywhere,landing allaround my baby and even hitting her on the head. She has a bruise on her head. I had her to the doctors today, everything seems to be well. However, having all that to say, walmart failed to have the shelf properly attached to the floor. Walmart did take an accident report, and called me within 24 hours, I believe they were negligiant on safety. They told me their insurance company with be in contact with me. Thank god that neither my 3 year year old or baby was badly hurt.Please give me an idea of a compensation price and what I should except as an offer.

Answer
By your own admission, you were not watching where you were going so you share some of the responsibility.  Something of course that anyone could do. Fortunately you weren't driving a car.  Liability of the store is minimal. I don't think they would have an obligation to see that every display rack is bolted to the floor. This is just an accident that I don't see much liability for either way.  A bigbox store can't be made 100% free of any possibility of an accident happening.  If the child just has a little bump or bruise and will be fine, I think the store will offer you any out of pocket medical cost you can document, if any and perhaps a gift card for $50 or $100.  I would take that and say thanks. Accidents happen. They aren't always due to negligence and in this case if there was any negligence, arguably, it would be yours.  Don't be angry at me please. I have devoted a career to representing people injured in stores, cars, boats, planes, houses, etc. Just speaking the facts of life based on facts presented.

Personal Injury Law (Accidents/Slip & Fall)

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Glenn A. Dorfman

Expertise

Thirty-two years experience in personal injury, medical malpractice, medical product liability law and class actions. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Actively involved and fully experienced in litigation regarding recalled hip implants as well as the Mirena IUD.

Experience

Hundreds of satisfied clients in previous litigation

Organizations
California State Bar Association in good standing since 1976. Federal District Court

Education/Credentials
Jurisx Doctor degree 1976

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