Legal Question in Personal Injury in Massachusetts

Hurt Baby

My wife was shopping in a large popular retail store. A sign, which was hung unsecurely, fell onto my 8 month old daughter's head. She was bleeding profusely and the management of the store would not assist my wife, nor would they call an ambulance for my daughter. My wife needed ot take my bleeding daughter to the nearest hospital. After a day in the hospital my daughter is medically fine, but still in pain. My wife is still very upset.

Is there anything I can do?


Asked on 4/07/03, 3:29 pm

3 Answers from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Hurt Baby

YOu can sue forf negligence. You shold try to get witnesses-store employee or anyone else. YOu have three years to sue. You should have an attorney.

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Answered on 4/09/03, 7:43 pm
James Cook Cook & Ferreira

Re: Hurt Baby

I am sorry to hear about the accident involving your baby. The actions of the store as you state are reprehensible and inexcuseable. It appears from the facts that there is liability against the store for their negligence involving their sign and the injuries sustained by your child. The matter should be pursued against the store for medicals, possible future medicals and pain and suffering for your child. You should consult with an attorney to assist you in the filing of a claim against the store and their insurance carrier. I would be pleased to assist, or answer any questions you may have. I hope that your baby is feeling better. Kind regards-

-James Cook, Esq.

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Answered on 4/07/03, 4:27 pm
J. Whitfield Larrabee J. Whitfield Larrabee

Re: Hurt Baby

It seems likely that you have a claim for negligence against the store for the failing

to properly secure the sign. You may also

have a claim under Massachusetts Consumer

Protection Act, ch. 93A, for monetary damages.

Ch. 93A provides a mechanism for consumers to

assert a claim in a demand letter which gives

businesses 30 days to respond to a written demand

with a reasonable offer of settlement. If the

business fails to respond with a reasonable offer

of settlement within 30 days, and the consumer

subsequently prevails in court, the consumer may

recover up to treble damages, plus interest, costs and a reasonable attorney's fee.

In your case, it may be reasonable to make

a demand on the retailer under ch. 93A to

see if you can resolve the matter expeditiously.

Your attorney would need to find out more about

the circumstances of your particular case and the

injuries suffered by your daughter before sending

out such a letter and valuing your claim.

If you would like me to mail you a free copy of

Tort Law Report, a publication which I edit, please call me at 617-566-3670 or send me an e-mail at [email protected].

Sincerely,

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Answered on 4/08/03, 12:11 am


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