How canwe sue a store for injury to our baby due to the store’s negligence?

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How canwe sue a store for injury to our baby due to the store’s negligence?

My 3 month old son was injured at major department store. Injuries include multiples scratches on his face and a bump on top of his head close to the soft spot. These occurred by multiple packaging with sharp edges falling from an overstocked top shelf in the baby section of the store. We called 911 and the manager of the store filed a claim. What should we do next.

Asked on November 26, 2011 under Personal Injury, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, follow up with the store--see if they will give you anything and, if so, if it is acceptable to you. If not, to get compensation, you'd have to sue. You could hire an attorney or sue in small claims court representing yourself. Note that you can only collect an amount equal to the actual medical costs (and other economic losses--e.g. lost wages, if you missed work) and also commensurate with the extent of the injuries. You can't collect for a "close call," such as an impact that missed the soft spot. So if you baby only had scratches and a bump and you incurred minimal medical costs, you could likely only collect, at most a few hundred dollars (and possible less), which may not be worth suing. Also, you'd have to prove in court that the store was negligent, or careless, in how they stacked the shelf--and you'd likely have to show that you did not contribute to the accident (e.g. by bumping into the shelf).


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