My son injured his thumb on a outdated shopping cart.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My son injured his thumb on a outdated shopping cart.
while shopping for fireworks my son climbed under the basket of an outdated shopping cart he smashed his thumb. the injury required 7 stitches and his thumb nail may never grow back. Is this ground for suing the fire wok stand?
Asked on July 2, 2009 under Personal Injury, Missouri
Answers:
R.S.T., Member, NY Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
To collect on any personal injury lawsuit, the plaintiff (you) will have to prove 4 things: 1) that there was a duty to keep the shopping carts safe (did they belong to the fire work stand or to someone else who was maintaining them); 2) was there a breach of that duty (did they do something wrong; 3) did that "wrong" directly cause your son's accident; and 4) did that accident result in real damages (it sounds like it did). So, I'd get a lawyer and the lawyer will do some research and sue all potential parties. And then you'll move on from there.
R.S.T., Member, NY Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
To collect on any personal injury lawsuit, the plaintiff (you) will have to prove 4 things: 1) that there was a duty to keep the shopping carts safe (did they belong to the fire work stand or to someone else who was maintaining them); 2) was there a breach of that duty (did they do something wrong; 3) did that "wrong" directly cause your son's accident; and 4) did that accident result in real damages (it sounds like it did). So, I'd get a lawyer and the lawyer will do some research and sue all potential parties. And then you'll move on from there.
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.