Child Bruised in a Shopping Cart... Should I Contact a Lawyer?

by Lynne
(Pittsburgh, PA)

My 18 month old son was sitting in a shopping cart at a large national department store and got his arm stuck between the bars. He was strapped in and sitting like he should. He reached behind him trying to get something form the back of the buggy and his arm got stuck.

A vendor for another company and some store team members came to help. The vendor ended up getting it out. My son is alright. He has a small bruise, but it was terrifying and I will no longer put him in a shopping cart (which means I can't shop easily with him by myself). I know newer stores have different carts.

Should I contact a lawyer about this?

Visitor Question:
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ANSWER for "Child Bruised in a Shopping Cart... Should I Contact a Lawyer?":

Lynne (Pittsburgh, PA):

Unless your son suffered any more serious injuries than minor bruising which healed quickly, there is really no reason to contact an Attorney. In the unfortunate event your son had been more seriously injured you might have considered seeking the advice and counsel of a local Personal Injury Attorney.

There have been cases of serious injuries involving children and shopping carts. Those cases involved very serious injuries, including some injuries which resulted in the wrongful death of several children.

The trauma you suffered as a result of the incident is not compensable. Only in the rarest of cases has a mother’s vicarious trauma resulting from the serious bodily injury or death of her child led to compensation to the mother.

You might want to send a letter to the company’s headquarters describing the event and bruising to your child. Also describe the trauma you suffered during the event. We can’t tell you how the company will respond, but at a minimum you may help to effect some changes in the type of shopping carts used in their stores.

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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