Legal Question in Personal Injury in North Carolina
slip and fall
My 9 year old son fell in Target when he tried to ''ride'' on an underwater skateboard that was off the shelf and out of the wrapper, and he broke his arm. An underwater skateboard has no wheels, and is more like a skim board. Do we have a case against them? They agreed to pay $300.00 when the bills totaled over $1500.00. Do we have a case?
2 Answers from Attorneys
Re: slip and fall
I really doubt it, but feel free to consult with other attorneys if you want someone else's opinion. To win a case, you'd have to prove that Target was somehow negligent in having the skateboard out there, thereby causing your son's injury, and that your son was not contributorily negligent (meaning that he is not even the slightest at fault in getting injured). Also, who knows how long that skateboard was out there unwrapped? Another customer could have just opened it and left it there. Try to settle with them and be satisfied with what you can get out of it. Again, other attorneys may have different evaluations of this case. Good luck.
Re: slip and fall
The other response is probably correct; this case would probably be an uphill battle. You should inquire, however, as to whether they have "med pay" coverage. Many stores provide that, and it would cover the medical bills.