What to do if my 4 year old son was looking at the sunglass display at a store and sliced his finger open on the mirror?

UPDATED: Mar 28, 2013

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What to do if my 4 year old son was looking at the sunglass display at a store and sliced his finger open on the mirror?

We filed a report with the store and it told us there would be a follow up in a few days. I got a call but nothing was done, I was just told that if I had any further concerns to call the 1-800 number. I feel it was taken too lightly and disrespectful. And I am dissatisfied. What are my options?

Asked on March 28, 2013 under Personal Injury, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Forget about your feelings of being disrespected--they are legally irrelevant. The law does not require anyone to treat anyone else with respect.

IF the mirror was unreasonably dangerous--e.g. had a broken or jagged edge--then potentially, the store is liable for the out-of-pocket (not paid by insurance) medical costs your son incurred, and possibly for pain and suffering if he has suffered some long lasting or permanent disability, loss of function, chronic pain, etc. But if they won't pay voluntarily, you'd have to sue for the money, which would likely not be worth it, if your medical costs were low and your son has not suffered some lasting injury. (The law only allows you to recover an amount of money more-or-less equal to the injury and costs you suffered.)

Even if there was significant injury, if a reasonable person would conclude the mirror was not too dangerous and the store did nothing wrong--this was simply an accident without fault, as does happen--then the store would not be liable or owe you money.

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.

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