Legal Question in Personal Injury in California
Store's liability for cut leg
My 9 y.o. son suffered a cut that required two stitches while in a major dept store. An accident report was filed and the store paid for the emergency room. I received a letter from their claims management service advising me of my rights to a claim or law suit. What kind of a settlement can we expect?
2 Answers from Attorneys
Re: Store's liability for cut leg
0, unless you get a lawyer.
Re: Store's liability for cut leg
That depends upon how the accident happened and how badly he was hurt. You have told us that your son was in the store when this happened, but that alone is not enough to make the store liable. You would have to show that the store was at least negligent and that its negligence caused the accident. If your son was running or playing and caused the accident himself then the store doesn't owe anything.
Even if the store is at fault I don't think you would recover very much. The amount of damages you would receive would depend on the amount you had to pay for medical care and the severity of your son's injuries. You say that the store paid the ER bill, so unless you have been forced to pay for some follow-up treatment this item gets you nowhere. Since your son only needed two stitches, his injury evidently was rather small and would probably not support much of a judgment or settlement.
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