Visitor Question

Child’s Finger Almost Severed at Department Store…

Submitted By: Anonymous (Florida)

My two year old stuck his hand in the bathroom door as it was closing (where the hinges close) at a major department store.

My wife almost pulled him away, but one of his fingers was caught and almost severed between the nail and first joint.

The finger was stitched back together at the Emergency Room, and the ER doctor was optimistic that it would reattach without any permanent disability.

We have an upcoming appointment with a hand surgeon to further evaluate things.

Do I have any recourse here, to at least get the store’s assistance with medical bills? What should we do? Thank you.

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 Anonymous,

It will be difficult to pursue a successful negligence case against the department store. Until someone comes up with reasonably priced door hinge which can’t pinch one’s fingers, it will be extremely difficult to pursue a successful claim against the department store for your son’s injuries.

Don’t give up. Contact the department store’s management office.

Explain to them what happened to your child. There is a possibility they may volunteer to pay your son’s medical bills.

If they do they will probably not agree to paying additional amounts for your out of pocket expenses or for you son’s “pain and suffering”.

Although a desperate act, you could also consider filing a lawsuit against the manufacturer of the hinge. You would be able to do so under what is called the theory of “Product Liability”.

The reality of your son’s plight is that he might have to go on without receiving any assistance for his medical bills. In the end it may just come down to his being at the wrong place at the wrong time.

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 27, 2011

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