she was not running. she simply turned an bumped into the clothing rack that was her height like 3ft high. split her eyelid and severed her tear duct. she was hospitalized and received surgery totaling $20,000 in medical expenses.
I'm sorry to hear your child was injured. You should take photographs of the rack and area where this occurred and have an attorney review these photos. The standard for holding a retail store liable for this type of condition is whether it was dangerous and whether they knew or should have known that it posed a risk of injury. Many retail establishments have "medical payments" coverage (which would pay a small amount - usually $5,000 to $10,000 of the medical expenses regardless of liability). To fully recover all damages plus pain and suffering, however, you will need to show negligence under the standard set forth above. Hope this helps!
Robert Andrew Michael BurnsFamily Law AttorneySan Diego, CA ·
Please formulate a question; you posted a mere report. Make certain to reflect any evidence of negligence on the part of the store as to that rack. You should consult a personal injury attorney handling "premises liability cases" to evaluate your daughter's personal injury claim. Your daughter's injuries are as substantial as unusual. Best wishes.
Call a California personal injury attorney ASAP for a free consultation. You may be entitled to all medical expenses in addition to pain and suffering and other monetary damages. Call ASAP!
Paul F. OliveriPersonal Injury LawyerNew York, NYNY licensed ·
My law firm, and probably most experienced personal injury attorneys, have handled similar injury claims. Depending upon the specific facts and circumstance, subject to a complete investigation, your daughter very well might have a meritorious claim. Particularly because your daughter sustained a serious injury necessitating surgery, I strongly suggest that you speak to a local personal injury lawyer to review your and your daughter's legal options. The Find a Lawyer feature is a good place to start. Good luck.
Contact a personal injury lawyer to discuss what happened and your options for pursuing compensation for your daughter's injuries. The extent of your daughter's injuries certainly justify contacting a personal injury lawyer.
Twenty grand in medical costs for an eye injury and damage to a tear duct are what many people would consider substantial... now, the initiating post here does not give much information as to just what the store did that would be considered negligent... but the degree of damages alone would make it well worth the time for the parents to consult with an experienced personal injury attorney.
Fortunately, most of us personal injury types offer free consultations and take such cases on contingency no matter where the case is in California, so there is nothing to fear in calling us.
- Paul
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician
Russell Steven KohnPersonal Injury LawyerOceanside, CA ·
I hope your daughter is doing well. There are many valid cases involving injuries inside retail stores where the dangerous condition is not apparent to the customer. These concealed dangers result is significant injuries and damages that should be compensated. The attorney you retain should consult a safety expert who can review the matter and give an opinion about the negligence of the store personnel.