Personal Injury Law (Accidents/Slip & Fall)/broken glass hits child in eye

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Question
Yesterday at the grocery store, a chunk of broken glass on the floor somehow flew up from under the cart and hit my 2yr old in the eye.  I immediately reported it to a manager, who filled out an accident report, apologized, and sent us on our way.  They said that earlier in the morning a glass jar had broken and that 'Julie' had been sent to clean it up, but that she must have missed some.  (There were at least 5 or 6 more shards on the ground). We did not seek medical attention, but there is a welt and a bruise where it hit him.  Are we entitled to any compensation?

Answer
I get questions about injuries in grocery stores, big box stores, restuarants, etc. caused by slips and falls, falling merchandize, etc. etc.  I would say that 95% of them are not viable claims. Primary reason is, if there is a hazard that caused the injury, the store MUST HAVE KNOWN ABOUT IT OR SHOULD HAVE KNOWN ABOUT IT.  That is the law everywhere. So, if you slip the liquid could have spilled 2 mintues ago and the store DID NOT NOR COULD IT HAVE KNOWN ABOUT IT and ditto with the shard of glass.  But in your case, THEY DID KNOW.  100% liability. So, since there have been no medical costs and a minor injury at best........I am sure if it was anything worrisome you would have had the child examined.........how much is a welt and a bruise worth in addition to the store wanting to make a customer happy???? There is no book on that.  I would take a picture of the injury and then contact the store again and tell them it appears the child will be ok but it certainly was negligent to allow the glass to remain on the floor for any period of time.  Frankly, if it were me, I would find it humiliating to ask for a few bucks.  The "case" isn't worth hunreds or thousands unless you want to make a big deal of it and say that your child was really traumatized, afraid to go into stores again, whatever.  I guess I would just say to the manager "what do you want to offer as compensation for the injury to my child's face (it obviously was not actually the eye) and the trauma both he and I suffered?"  Whatever it is, come back with double.  Then take whatever it is that they offer.  Although there is 100% legal liability for any damages, the damages are, thankfully minimal.  So, take what they offer and forget about it.  

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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