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?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.


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