Legal Question in Civil Litigation in California

Re: Civil law theory on minors

from the facts given thus far, the age of the child could be a big issue on how this case might be resolved in or out of court. if the child was too young per se to appreciate the danger or risk of the clothes in the aisle prior to his/her accident, this probably would not absolve your client's store for any and all liability on this matter. however, the mother of the child also has a duty of due care to act like a reasonable mother under the same or similar circumstances. thus, the mother may still be more liable to the injury caused to her child by not directing the child away from the clothes or simply picking the clothes up. thus, you may have affirmative defenses available such as contributory negligence, comparative negligence, etc..to be indemnified so to speak based on the mother's own negligence, especially since the mother, having seen the clothes and potential danger to her child, failed to remove the danger. the mother would seemingly have a greater duty to her child than the store under these circumstances. if you would like further assistance and/or legal representation in this matter, email my office today with more details ok.

Re: Civil law theory on minors

I'm not sure of the legal theory regarding underwear paths, but the clients' insurance carrier should defend them--just have them turn over the case to the insurance company.