Personal Injury in a Grocery Store...

by Ashley
(Fort St John, Canada)

I had my 4 year old in the grocery store. Someone had been cutting flowers and didn't put back the huge board they were cutting them on, so it was stuck out in the middle of the aisle.

My 4 year old was walking normally and it got her in the face. She now has a black eye and a huge bumped bruise on her head. When this happened the manager offered her a box of cookies.

Do you think there is any case here? Or am I wasting my time? Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Personal Injury in a Grocery Store...":

Ashley:

The good news is it seems your child suffered relatively minor injuries. Yet, because your child was hit in the head and suffered a “huge” bruise, it would be a very good idea to have an MRI (Magnetic Resonance Imager) examination performed. 90% of the time there will be no damage, but because there is a 10% chance there may be, you should seriously consider taking your child in for the MRI and any other tests your child's Pediatrician may prescribe.

From the facts you present there exsists the possibility your child may have sustained head trauma. Because your child’s brain will still be forming until the age of 14 it is very important for your Pediatrician to examine your child immediately to see if she thinks an MRI (Magnetic Resonance Imager) should be performed. The MRI is painless and takes about 45 minutes. The test will tell the doctor whether the head trauma caused any brain injury.

Because MRIs cost about $2,000 dollars you will have a couple of choices. You can go back to the store and ask them for the name of their insurance company. When they ask why tell them the truth. You are not trying to take advantage of them, but don’t feel you should be responsible for the MRI. Hopefully they will agree. If not you will have to initially pay for any tests prescribed. You may have to take legal action at a later time.

Once the MRI and any other tests prescribed by your child’s doctor are completed you will have the news you'll need to either pursue legal action or not. For the time being we will presume your child remains a 90 per center. If he is not then you should seek the assistance of a qualified and reputable 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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MEDICAL ERROR
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