Legal Question in Personal Injury in Pennsylvania

Toy Store Accident

Over the weekend, my family and myself were shopping in a major chain toy store. My son and daughter were playing in the motorized car section of the store. They were climbing in and out of the cars which were on a shelf about a foot off the floor. My wife and I were looking at something in the next aisle when we heard one of the cars start up and fall off the shelf. Our 3 year old son had driven the car off the shelf and had cut his head on the overhang of the shelf above him. The store manager admitted that the car should not have had a baterry in it to prevent it from being driven. There were no signs posted requesting that children not sit in the cars. My son cut his head and has a lump there. I'm concerned that he may have injured his neck due to the way his head would have been caught going under the overhang. We filed an incident report with the store, but have not sought medical attention for our son as of yet - we're waiting to see if he complains of his neck hurting. Does this sound like a matter which we should continue to pursue?


Asked on 10/14/02, 9:31 am

1 Answer from Attorneys
Richard Teitell Richard K. Teitell, Esquire, P.C.

Re: Toy Store Accident

I'm very sorry that your son was injured. I certainly hope that his injuries are nothing more than a laceration and a bump on the head. You should take your son for whatever medical treatment is necessary. With regard to a legal claim, it is probable that the store will be considered to be negligent. However, if your son only has a minor injury as you describe, from which he makes a quick and full recovery, pursuit of that claim by an attorney would not be worthwhile. You may be able to negotiate directly with the risk management depart. or claims dept. of the store, or its insurer, to obtain a small amount to compensate your son for the injury. You should also be aware that the store may claim that you were partially at fault for not properly supervising your son. Good luck!

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Answered on 10/15/02, 7:17 am


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