Arm caught in automatic door...

by Tamara
(Melbourne, Fl)

My 2 year old daughter's arm was caught in the automatic door at the supermarket. She had touched the door as we were leaving and it moved over her hand, smashing her arm back and dragging her with it. Her arm is indented and bruised. I am furious that there was no way to stop this door from dragging her when she was caught.

Can this company be held liable for having this danger for kids? What can I do about this? Thanks for any information you can give.

Visitor Question:
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ANSWER for "Arm caught in automatic door...":

Tamara (Melbourne, Fl):

Unless your daughter sustained an injury which requires medical attention, there’s not a whole lot you can do. While the supermarket’s owner may be liable for your daughter’s injury, if your her injuries weren’t serious enough to require medical attention your options are limited.

Before going further, seek medical care for your daughter. It’s best to be sure your daughter’s injuries aren’t more serious. X-rays, an MRI (magnetic resonance imaging), or even a CAT Scan (computer axial tomography) should confirm or deny any injuries your daughter may have sustained.

Hopefully, at the time of the incident you reported it to the supermarket’s manager. Having confirmation of the injury is vital to a prospective negligence claim. In addition to a claim against the supermarket owner, on behalf of your daughter you may also have a product liability claim against the manufacturer of the door.

In the hopeful event your daughter’s injuries aren’t serious, reporting the incident to the manager may help to prevent further injuries to other customers. If your daughter’s injuries are serious, you would be well-served to seek the advice and counsel of an experienced personal injury attorney.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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