Legal Question in Personal Injury in Colorado

Who's liable- the store or the parents?

I work at a retail store and this weekend we moved some clothing outside for a side-walk sale leaving two empty racks. Later that day I was helping a couple when a child, who no one was watching, was playing on the empty rack and it fell on top of him. My first thought was "Where are his parents." The boy turned out to be the couple�s. He was about four years old. He ended up splitting his head open but it required only a few stitches. The father told me that it was the third time he had done something where he severely injured his head. Today the father was back in store asking for discounts on our products because of "What happened to his boy." My store manager didn't give him anything extra off because he feels it wasn't his fault. No one has ever been injured on one of the racks before. When we are changing out racks or stocking it is normal for there to be an empty rack. If this is the third time the four year old did that the parents need to either watch him or put a helmet on him. Today, after the father made his purchases he walked around the department taking pictures, which is illegal, but by the time I realized what he was doing it was too late for me to stop him. I think he is going to try to sue. Does he have a case?


Asked on 7/19/00, 1:19 am

1 Answer from Attorneys

Peter W. Thomas, Esq. PETER WILLIAM THOMAS, PLLC

Re: Who's liable- the store or the parents?

Don't worry about it. They have a weak case, at best, and no damages to speak of. I'd be surprised if a lawyer actually sued on their behalf.

We are busy and probably not able to take on another client matter at this time; I would, however, be more than happy to chat with you on the phone and, if unable to assist you ourselves, I certainly can refer you to several other excellent firms and attorneys.

Very truly, Peter W. Thomas, Jr., Esq.

Petersen, Thomas & Slade, PLLC

600 Seventeenth Street

Suite 950 South Tower

Denver, Colorado 80202

(303) 260-6424

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Answered on 10/05/00, 11:57 pm


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