Legal Question in Business Law in Florida
Can I sue the company for having unsafe shopping cart which almost smash my child?
We went to Harbor Freight on January 1, 2014, at that time we have a baby, as normal, we get a shopping cart outside the company and put our baby in it, right after we enter the company, the shopping cart collapse and almost smash my baby! Lucky my husband react real fast and catch her, or not we couldn't imagine what's the worst scenario. Then I wrote to Harbor Freight to complain about this in 3 days, and i wait, there was no response until I wrote to the Better Business Bureau , Then I received feedback after 2 months, after that all these unpleasant experience, they finally offered us $75 gift card after we told them $50 wasn't satisfied for all this happened to us. And they said $75 is the final offer and asked us to sign a Release Form stating that they are not responsible of that. And they got all this accident in camera and they would not give us the copy of how terrible the shopping cart collapse on my daughter.
1 Answer from Attorneys
Was your baby harmed? It sounds as if she wasn't. If you can't show that the accident caused any harm, you don't have a valid claim. Even if you can show a small amount of harm, it probably wouldn't justify the cost, time, and aggravation of a lawsuit. Perhaps a small claims case would be more appropriate. But even there, you would have to show some harm. And the amount of that harm would determine the amount of damages the court could award you.
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