Can I sue Walmart for a table falling on my son?
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Can I sue Walmart for a table falling on my son?
A table stand fell on my son 3/24/18 n it bruised
his face, black eye, cut inside his mouth where
he cant eat properly, n a busted lip
Asked on March 25, 2018 under Personal Injury, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
1) The store is only potentially liable IF you can show that the store was unreasonably careless in some way--such as by not setting up the stand properly, which is why it fell. If the store did nothing wrong--if, say, the stand feel because your son hit or bumped it, or someone else knocked into it--they are not liable. Liability depends on fault.
2) Even if the store is liable, you can only recover an amount equal to your out-of-pocket (not paid by insurance) medical costs, and for injuries which cause a *significant* life impairment or disability lasting many weeks or more, some amount for pain and suffering. For the injuries you describe, none of which are long lasting or permanent and which do not seem to "signifiantly" impair life, the amount of money you could recover would be very small--possibly less than the cost of the lawsuit (given that to recover for personal injuries, you almost always have to hire a doctor or other medical expert to testify about the cause, severity, impact, and prognosis of the injuries).
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