Personal Injury Law (Accidents/Slip & Fall)/Child injured at Walmart

Advertisement


Question
My child yesterday got her finger lodged in a random hole in a cart at Walmart and it sliced her finger open. Do I have any sort of case against Walmart for not having safe seats in their carts for children. My daughter is one.

Answer
If the child was in a designated child seat in a cart and hurt herself, I would say the store is responsible.  Obviously it is known and intended that small children will be using it and there should not be any hazards within reach.  I assume that the store was made aware of the injury while you were still in the store.  If not, there is nothing to do. How would they know, except by your word, that the accident happened as you say?  If she was in the seat and the store was made aware of the accident immediately, take a photo of the injury, get a copy of the medical records and medical bills, and submit it to the Risk Management people at the store or wherever they direct you.  Demand a couple thousand dollars for the injury but be prepared for a very small offer of compensation if any at all.  If the injury did not occur while the child was in a child seat and she put her finger where it didn't belong, probably no claim at all.  It is impossible and the law does not require a store to make everything 100% child safe.  You don't say how bad the cut was, whether she needed stiches etc. so I presume it wasn't a real serious injury and therefore, I can tell you no lawyer is interest in the case.

Personal Injury Law (Accidents/Slip & Fall)

All Answers


Answers by Expert:


Ask Experts

Volunteer


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

©2016 About.com. All rights reserved.