Visitor Question

My Baby Cut His Finger on a Shopping Cart…

Submitted By: Elizabeth (New Port Richey, FL)

My one year old baby cut his finger because the shopping cart at a national chain store was cracked. He was in the front and we were shopping and I noticed his finger was bleeding. Is there anything we can do?

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 Elizabeth,

Whenever an injury occurs, the best thing to do is submit a claim form immediately if there is any chance you might pursue it further in the future.

If this happened some time ago, even days, it may be difficult to go back, re-create the situation and submit a retroactive injury report.

The other thing to consider is that claims are based upon damages (medical bills). This in no way minimizes your baby’s injury, but if you did not seek medical treatment, there would not be any bills upon which to base a settlement. In sum, it would be difficult to articulate the value of a cut finger.

Now, if you do go back and talk to a manager, you may find a tremendous amount of sympathy and an offer to do something for you given that it was a small child. But the options are minimal so I would not get your hopes up on a settlement of any kind.

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: November 24, 2010

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