Legal Question in Personal Injury in Maryland
toy store fall
my 1 year daughter tripped and fell in a toy store and hit her head over her eye causing, at the time a deep bleeding cut. store employees provided a band aid, comfort yet no accident report was completed by the store although they asked my wife if she wanted to. wife calmed down daughter as best as possible, paid for mechancise and took her to our doctors immediately and was advised no stitches were needed, but i--name removed--more than a little upset that the national chain provided no follow up to find out how she was. what if anything could we do, this happened a week ago i've sent an inquiry to the store to see if this is normal procedures but have not heard back.
1 Answer from Attorneys
Re: toy store fall
If the store took no report, it's unlikely they would follow up, since they probably don't have a way of contacting you. Your wife should have insisted that a report be taken at the time, while the information was fresh.
However, you still have a right to file a claim if there is a factual basis for blaming the store for your daughter's injury. In other words, was the reason your daughter fell because of some condition in the store, such as slipperiness, a rack unnecessarily extending into an aisle, etc?
Otherwise, the store isn't legally responsible--the mere fact that someone is injured on someone else's propery doesn't make the property owner legally responsible.
However, the store may carry medical payments coverage which would pay for your daughter's medical treatment without acceptance of legal responsibility on its behalf. If you're interested in this, contact the store manager and ask if they carry it.
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