Visitor Question

Child Cut Finger on a Knife in Cooking Store…

Submitted By: Jim (Arlington, MA)

My daughter was in a cooking store and grabbed a knife sitting on the display, slicing open her thumb. I’m wondering how they can leave sharp objects like knives sitting open and accessible so any child can touch them? Isn’t there a law to prevent this?

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 Jim,

We checked the Massachusetts laws which to tend to regulate small businesses. Although there are regulations governing the placement of electrical outlets, handicap access and similar safety requirements, we were unable to find any laws or regulations governing the placement of a store’s products or their displays.

Depending upon the severity of your daughter’s injuries you may consider legal action on her behalf. From the facts you present it seems apparent the store was negligent allowing their knife display to be placed in a manner such that a customer, especially a young person, might have easy access to them.

If your daughter’s injuries required medical care you should be able to recoup those costs and more.

Before considering the extent of a claim be sure the cut to your daughter’s hand doesn’t result in a scar. If you think the cut is severe enough to require plastic surgery be sure to consult with a plastic surgeon.

If you decide to pursue a legal claim be sure to contact the manager of the store. Hopefully at the time your daughter cut her hand you notified the manager. If so, hopefully the manager made a written record of the injury.

If so that record will be quite helpful in the pursuit of your daughter’s personal injury claim.

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: December 23, 2011

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