Could I sue JC Pennys?

Question

My significant other was with my son in JC Pennys the other day when my boy fell into a cabinet and got a cut right next to his eye, less than a quarter inch from it.

Now, the cabinet is supposed to have glass in the front, but they removed it so that customers may have easy access to the jewelery. The cabinet has mirrors and selves that make it look like theres glass, but its missing. It took me a minute to find the cabinet.

What gets me is that my child isnt the first kid to be hurt by this display and my main argument. An employee told me about another boy hitting his head on the flourescent lighting inside and cutting his head and shattering the bulbs. The glass selves are not tempered glass, which seems to be real dangerous because I know windows on doors and coffee tables have to be tempered by law.

Any advice would help, also if so what could I seek in damages? If I were to sue and win, could I set it up to where my ex and I cant touch the money, that it be held for him?

Answer 1

You need to talk to an Attorney willing to investigate and build a larger suit that includes as many of the victims as possible. A firm like the Sacalove group that specifically take cases like yours and develop them into class actions.

If the case is won and paid you can establish a secure trust and tie the money up in T-bills so it cannot be accessed until he is 21. Good Luck!

Answer 2

It would seem to be that regardless if the cabinet had a glass front or not, your son would have still hit his head by falling. No one can guess if the injury would have been more or less severe. Perhaps the store needs to check to see if there is something on the floor like with the carpeting or whatnot that is causing these children/people to trip and fall. None-the less, I would think JCPenny would cover the cost of any Drs. bills your son would incur for his injury...i.e. stitches and the like. However, unless your son is going to be incurring any long term eye injury from this incident, I think suing them is a bit extreme

Answer 3

You could sue Lawyers will consult with you for free on personal injury cases and they don't get paid unless you win so I would call a lawyer and get a consultation. Yes you can arrange the money any way you see fit but there has to be someone over 18 on the account I would sue so it doesn't end up happening to someone else and they lose an eye or something

Answer 4

If you want a quick fix, contact the media with your story. Big corporations do not fear law suits. They win over the little guy practically all the time. But a little embarrassment goes a long way in the media world.

I remember a few years ago kids were locking themselves in gun cabinets at a store accidentally. It got on the media, and the situation was resolved.

Answer 5

You cannot sue JC Penny for your lack of care in taking care of your possessions. You left it and it is not their fault someone stole it.

Answer 6

If your son got a minor cut then you should be reimbursed any medical costs. People sueing simply because they can and seeking to get rich is one of the major problems in this country. It is clogging up the legal system and driving the cost of doing business through the roof. You ask how much should I seek? I say no more than the ACTUAL out of pocket expenses.

Answer 7

You could sue. But what is your damage? Your son just has a cut, he'll be fine.

If he hit his head and caused brain damage, then I'd say sue.

But there is no point of you suing. The world doesn't need another BS lawsuit. Just talk to the manager and ask him to fix the situation.

Answer 8

Another poor S.O.B. contributing to our more litigious society.

I have a great idea. Why don't you act like a PARENT and be responsible (maybe even watch your kid like you are supposed to).

Maybe JC Penney should sue you for being a negligent parent, eh?

Answer 9

Does the kid still have his eye?
yeah?
Then go home and thank your lucky stars.

Should you sue?
....remember, what goes around comes around....