Visitor Question

Daughter hit in the head by item that fell off a high shelf…

Submitted By: Kyle (Oregon)

This was totally a freak thing… my daughter and I were walking along an isle at a major chain retail store, and a large bag of bean bag filler fell from about 12 feet and hit my daughter square in the head. It probably only weighed 2 pounds, but she complained of a headache for several hours. It also scared her pretty bad.

I filed an incident report with the store and left, giving her some Motrin. I’m not sure if she will have any serious injuries or if it is just a minor thing, but I’d like to be sure of my legal rights. What do you think I should do just to be safe?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Kyle,

Immediately, or as soon as is reasonably possible, take your daughter to your family doctor or pediatrician. It is imperative you know if there is any possibility she might be injured more seriously than just a bad headache.

The doctor may order an MRI (Magnetic Resonance Imaging) examination or a CAT Scan (Computer Axial Tomography) exam. These examinations are some of the best ways to determine if your daughter suffered any internal injuries to her head or skull.

After taking your daughter to her doctors, if you find she has suffered any serious injury it would be in her best interests to seek the advice and counsel of a qualified personal injury attorney.

Most will not charge any fee for an initial office consultation. Seeing one will afford you not only some peace of mind, but will also let you know what type of a case you may have and the expected results.

If your daughter is otherwise fine, and hasn’t suffered any serious injuries, take the medical bills she incurred and present then to the store’s management. Since they already have an incident report it will be relatively easy for them to match the two up.

Ask them to reimburse you for the doctor’s bills. You can also ask them to reimburse you for additional reasonable costs for your out of pocket expenses such as prescription or over the counter medications, and possibly an amount to compensate you for the wages you may have lost while taking your daughter to the various doctors and examinations.

In addition to those amounts you might ask for a reasonable additional amount for your daughter’s pain and suffering.

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

Best of luck,

Published: October 23, 2011

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