My child fell inside a department store.

Depending on the severity of the injury, taking them "to court" is the final alternative. The immediate first steps are notice, presenting claim materials and then settlement. Here is an article on slip and fall cases, blue link below:

Cases like these are fact specific and the law varies by state. Consult with local personal injury lawyers - the consult should be free. Don't talk to the store or its insurers.

It is always difficult as a parent when a child is injured. There are many challenges to deal with including those dealing with medical treatment, medical bills, insurance, and, yes, a potential legal case or claim. In most instances, a case has four basic elements: 1. Duty; 2. Breach of Duty; 3. Causation; and 4. Damages. You wrote that your daughter suffered a head injury. That would be the element of damages. The other three elements must be proved as well. The department store had a duty to provide a reasonably safe environment for shoppers. You must prove on the case that the department store breached this duty which, in turn, caused the injuries. While it is unfortunate that your child suffered an injury on the premises of the store, that typically is not enough by itself to pursue a case. Because these matters can be complex and confusing, contact a personal injury attorney for a free consultation. Good luck with your case.

In order to prevIl on a claim against the premises owner and/or occupier, you need to show that the store did something wrong in order to cause your daughter's injuries. In order to win the case, you need to show what is known as notice. Notice is when you establish that the store either created the dangerous condition or it failed to clean up a dangerous condition someone else created on its premises in a timely fashion. This is usually very challenging for premises liability cases. You should consult with an attorney to discuss. I agree that with the comment above that you should hold off talking to the store or the insurance company until you have first talked to a lawyer. There are many good attorneys you can find using AVVO's attorney finder.
Marc Lazarus
www.russellandlazarus.com

If you child fell due to some defect or dangerous condition, you would want to retain a local personal injury lawyer to investigate. If your child simply fell, the store would not be liable.

I am terribly sorry for the incident and I hope that your daughter has a speedy recovery. There are a couple facts that I would like to know about the case. As Mr. Lazarus noted, what were the conditions such that your daughter fell? Is there anything the store could have done to prevent the accident in the first place? If so, then you may have a case. To review to the details of the case comprehensively, you need to hire a personal injury attorney. I have over 30 years of experience practicing law and have protected the rights of my clients extensively to give them high quality legal representation. I hope that I can be of greater service to you and your family.
Martin P Weniz
(310) 268-5555

Most people failed to realize that you could also go after the manufacturer of the shopping cart because a lot of the shopping carts now have a rubber casing. This is the type of attention to detail you will receive when you hire an attorney from our firm. Give me a call to discuss 877-427-2752.