Visitor Question

Cut Foot on a Chair…

Submitted By: Anonymous (USA)

I bought a kids chair at a major chain retail store for my four year old daughter. She cut the bottom of her foot on the top of the chair.

After inspecting the chair I found a small nail sticking out of the top of the chair.

Her foot is healing and didn’t require any real medical attention but it COULD have been a lot worse.

The store is offering to replace the chair or give a refund but that doesn’t seem like enough.

Can I sue them?

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.


Dear Anonymous,

Sue them for what?

That is the question.

In this terribly litigious society in which we live, every bump, bruise, or cut, no matter how minor, seems to beg the question…How much can I sue for? What’s it worth?

It’s like a wolf foaming at the mouth, waiting to sell their child’s injuries to the highest bidder. Do you want to teach the retail store a lesson, chastise them, or have them answer to a higher power for the one small nail protruding from the chair?

The price of each item in that store and hundreds of other stores around the country is higher than it was a year ago not only because of the inflated dollar, but also because of the cost of litigation from people who want to sue companies. So many frivolous lawsuits are filed each year against companies for the slightest of injuries.

Thank your lucky stars your child is alright. Accept the new toy and be appreciative. Accidents happen. How would you feel if every action you took was being monitored by someone who is just waiting to pounce upon you with a lawsuit.

If the protrusion seriously injured your child things would be different. But your child wasn’t seriously injured. From the facts you present she barely received a scratch. Move on.

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: January 1, 2012

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