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Department Store Accident

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jenluisaruiz

Junior Member
What is the name of your state (only U.S. law)? California

My son had a shelf full of books fall down on him at a Department Store. Although physically, he only suffered a bruise I feel like the department store should still be responsible for this negligence. Emotionally, he was very scared after the incident. I feel like if this is not brought to their attention, next time some other child could be seriously hurt. Do you think we have a case against them?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

My son had a shelf full of books fall down on him at a Department Store. Although physically, he only suffered a bruise I feel like the department store should still be responsible for this negligence. Emotionally, he was very scared after the incident. I feel like if this is not brought to their attention, next time some other child could be seriously hurt. Do you think we have a case against them?

Sorry - you (your son) have not hit the law-suit lottery. Thanks for playing.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? California

My son had a shelf full of books fall down on him at a Department Store. Although physically, he only suffered a bruise I feel like the department store should still be responsible for this negligence. Emotionally, he was very scared after the incident. I feel like if this is not brought to their attention, next time some other child could be seriously hurt. Do you think we have a case against them?

How old is the child?
How did the "shelf" fall? By itself? With assistance from the child?
Where were you in relation to the child when this accident happened?
What do you think would be a fair settlement for a bruise? And can you afford to pay an attorney for no ACTUAL damages?
 

ecmst12

Senior Member
You can ask for actual medical/therapy bills incurred due to this incident.

Of course if you reported it at the time when it happened, then you HAVE brought it to their attention. I'm sure the store employees feel terrible for the incident. You don't need a lawsuit for that.
 

swalsh411

Senior Member
How much was the bill after you immediately took your son to receive medial attention? (which I'm sure you did since you feel his injuries are sufficient to warrant a lawsuit)
 

justalayman

Senior Member
What is the name of your state (only U.S. law)? California

My son had a shelf full of books fall down on him at a Department Store. Although physically, he only suffered a bruise I feel like the department store should still be responsible for this negligence. Emotionally, he was very scared after the incident. I feel like if this is not brought to their attention, next time some other child could be seriously hurt. Do you think we have a case against them?

what negligence? While it surely could be caused by negligence, you have described nothing that would cause on to believe it was negligence.
 

Hot Topic

Senior Member
What is the name of your state (only U.S. law)? California

My son had a shelf full of books fall down on him at a Department Store. Although physically, he only suffered a bruise I feel like the department store should still be responsible for this negligence. Emotionally, he was very scared after the incident. I feel like if this is not brought to their attention, next time some other child could be seriously hurt. Do you think we have a case against them?


You undercut your story when you say, "I feel like if this is not brought to their attention, next time some other child could be seriously hurt." Are you actually telling us that you DIDN'T contact someone IMMEDIATELY after
the books fell on your son? Didn't alert a sales associate? Didn't ask for the manager? Didn't contact building security?

A SHELF full of books fell on him, and he ended up with only a bruise? Sounds more than lucky, it sounds "fishy."

I think a good lawyer will slice and dice your story to pieces.
 

Jendor

Member
What is the name of your state (only U.S. law)? California

My son had a shelf full of books fall down on him at a Department Store. Although physically, he only suffered a bruise I feel like the department store should still be responsible for this negligence. Emotionally, he was very scared after the incident. I feel like if this is not brought to their attention, next time some other child could be seriously hurt. Do you think we have a case against them?
I know, I'd be pretty traumatized if a shelf full of books jumped out on top of me. If he's so emotionally scarred, buy him an e-reader
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? California

My son had a shelf full of books fall down on him at a Department Store. Although physically, he only suffered a bruise I feel like the department store should still be responsible for this negligence. Emotionally, he was very scared after the incident. I feel like if this is not brought to their attention, next time some other child could be seriously hurt. Do you think we have a case against them?

**A: so why did you not bring it to their attention? Were one of the books that fell down titled "Suing a store for Dummies"?
 

davidmcbeth3

Senior Member
**A: so why did you not bring it to their attention? Were one of the books that fell down titled "Suing a store for Dummies"?

That was just awful ... post again, make it better. I'll give you a re-do. But no, you cannot use "Experiments Regarding the Laws of Gravity! by Authur Kokin Head"

To the OP: how old is your son? Scared? Of what? Books?
 
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