If I was at at a store and all they had available were defective shopping carts and my child was hurt, what can I do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was at at a store and all they had available were defective shopping carts and my child was hurt, what can I do?
They all had the child safety restraints cut off and the flip down seats that covered the metal bars were all missing. I chose the best cart I could and made sure I held on to my 1year old daughter the while time to prevent her from falling out. While we were in line checking out, she started screaming. I looked down and she had wrenched her leg underneath her and had gotten her leg stock between the bars of the seat (this wouldn’t have happened of the plastic seat had not been broken) it bruised her pretty badly. She was very stuck. It was pretty devastating for her when we pulled her out. Is this something I could sure over?
Asked on December 3, 2011 under Personal Injury, South Carolina
Answers:
L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Thank you for submitting your question regarding store’s potential liability for injuries to your child. Your scenario, as described, would likely be categorized as a negligence action. There are four elements to negligence actions. The first element is that a person has a duty to you. Secondly, an individual breached their duty to you. Thirdly, the breach caused you injury. Lastly, you have sustained measurable damages due to someone’s breach of their duty.
In your case, one would need to define the store’s duty to protect you and your child from harm. Even though the store had shopping carts that needed repair, you stated that you noticed the damages before placing your child in the cart. In a lawsuit, the store may utilize the defense that you assumed the harm, because even after noticing the danger, you continued with your actions. The store might also state that you had other options such as notifying a manager, or even not using any of their carts and shopping at a different store.
However, each negligence action is different and if your child has been getting treatment for injuries sustained while you were at the store, then you may want to pursue a claim. If you do wish to go forward with a lawsuit, you many find it helpful to contact a personal injury attorney in your area that can provide you with guidance regarding your claim. The personal injury attorney will explain to you what to expect in a personal injury action and also assess the probability of being compensated for this injury.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.