Legal Question in Product Liability in Missouri

Should I sue Wal-Mart for my son's accident?

My 5-year-old was riding the bike his dad bought for him at Wal-Mart and wrecked it. It happened at his dad's house. The brake on the handle bar punctured his neck, and he spent the night in the hospital. He had a small tracheal puncture, and they couldn't rule out for sure on the CT scan that it hadn't nicked his carotid artery. There was no safety device like a ball on the end of the brake to stop this from happening. I know Wal-Mart is doing what the public wants by buying cheap products, usually from China, so they can sell them cheap. But I also feel like they owe it to the public to make sure their products are safe. This was a bike for a small child, and if it happened to my son it can happen to someone elses' child. My son is extremely lucky it did not lacerate his carotid artery. He would have bled to death before my ex-husband ever could have gotten him to the hospital. He will recover fully from the accident, but I feel like Wal-Mart and the company that made this bike need to be made aware that they are not safe. Thank you for your assistance with this matter.


Asked on 9/08/05, 5:54 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Should I sue Wal-Mart for my son's accident?

A number of factors go in to the decision about whether to sue. First among them is who put the bicycle together? Where is it now? Is it being ridden? If Wal-Mart put it together, and if the bicycle has not been modified since the accident, then there is a potential products case but only to the extent that the damages make it worthwhile. If the child has recovered fully and does not have significant injuries (meaning more than $200,000 in medical bills), it may not be economically feasible to pursue the action under Missouri law.

You should consult with an attorney at your earliest convenience and discuss this matter with him.

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Answered on 9/08/05, 6:02 pm


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