Legal Question in Personal Injury in California

Re: Is this a legitmate claim?

You might have a case -- either against the store for negligently maintaining the cart and/or against the manufacturer for a defect in construction or design -- but it may not be worth pursuing. You describe your son's injuries as a pinching and some welts, and if this is the extent of his harm then your damages would be rather limited. Your recovery will most likely be limited to your medical expenses plus compensation for his injuries (including any emotional distress he may have suffered), but it doesn't sound like his injuries were serious enough to make such a lawsuit worthwhile. Of course, you provided only a summary of what happened and it may be that he was injured more badly than the question suggests.

Re: Is this a legitmate claim?

as a shopper in a store, you would be legally considered in "invitee" on the premises. as such, the store owes you a duty to not only warn you of potentially hazard conditions in the store, but also has a duty to make the premises and the shopping carts you as customer use safe for normal use. thus, if your son has physical injuries resulting from the defective shopping cart and you were not negligent in your use of it, the store can be held liable and you would have a case. if you would like a free phone consultation regarding this unfortunate matter, email us directly with your contact information today.

Re: Is this a legitmate claim?

It is a legitimate claim.