Legal Question in Personal Injury in Maryland
display chair collapses in store injures 3 yr. old son (cut on hand)
At a department store, my wife and I was looking at patio furniture, my son sat down on a display lounger and as he attempted to get off, the chair collapsed on him, cutting the inside palm of his hand. A salesperson who was previously assisting us, asked if my son was alright, I told him no, and my family immediately took my son to my HMO center to be seen by a medical staff person. The doctor cleaned him up and said the area of the hand that was cut should begin to grow new skin in or about one week. Are there any legal recourse that we can pursue, bottom line, can we sue the Department store or the chair manufacturer?
2 Answers from Attorneys
Re: display chair collapses in store injures 3 yr. old son (cut on hand)
The basic answer to your question is yes--you can sue the store and the chair manufacturer. The real question is: how do you win? The manufacturer would not be legally responsible unless the chair was not made or designed properly. I assume that this type of chair was not designed for a 3 yr old child to use, although it is certainly foreseeable that a young child might sit in it. The store could be held responsible if they didn't set the chair up properly and that is what caused it to collapse on your son. Keep in mind the store has the right to display its merchandise and expects parents to supervise their children when they bring them on the premises.
In summary, it's a difficult and somewhat expensive case to present and you should see if your son has any permanent effects before deciding to undertake any lawsuit.
Re: display chair collapses in store injures 3 yr. old son (cut on hand)
You may sue both. Recovery may be larger if you have counsel, prove a defective product, show permanent injury, and / or show mfr was on notice of defect and found it cheaper to pay claims when people got hurt.
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