ok so my aunt and my nephew who is 3 were at Marshalls, my aunt was looking at some shoes in the shoe isle while my little nephew was in his stroller trying to drag it with his feet. in the mean time there were about 5 long and thick metal rods layed against a wood paneled wall unsecurely. all the sudden my little nephew screams help me and is not squished between the floor and medal rods due to them falling on him! my aunt runs to him and pulls the first rod of him, she layed it against the wall, now she is picking up the second rod, and she fails and it drops right on her foot and she fell and started crying her eyes out in pain!!! IS THIS A LAWSUIT?
2007-08-16 17:03:37 · 15 answers · asked by JisLOST 1 in Pregnancy & Parenting ➔ Toddler & Preschooler
It seems like negligence due to the metal rods not being secure. Your aunt should talk to the manager at Marshalls and tell them they should pay her doctor bills.
2007-08-16 17:12:01 · answer #1 · answered by Tenn Gal 6 · 2⤊ 2⤋
Ok, I don't agree with some of the other answers that say she wasn't watching her child enough. As a mother of two young children, I know how fast this stuff can happen!
I would definitely talk to the manager and file a report of some type with the Marshalls Company, just so they know that your aunt is serious. They should have had those rods secure or put away. That is a safety issue. As for a lawsuit, she could try it. Never hurts to see if it would go through. It could be filed for the negligence of the safety of customers.
2007-08-17 11:49:33 · answer #2 · answered by mommyof2 2 · 0⤊ 0⤋
Did the store fill out an accident report and take pictures? If not, and you (or she) is wanting to proceed legally, it might be hard to do. Anyone could SAY they had an accident in the store. I would say (not a lawyer) that any spare fixturing left out in "customer accessible" places would show some negligence on the part of the retailer. If it was product, it could have easily been relocated to that place by a customer. What type of rods? Rack arms, or something similar? If she didn't report it to the store, she needs to call first thing in the a.m. and immediately talk to the store manager and discuss it. It will probably make a difference if anyone needed medical treatment, too. If not, it might be hard to show exactly what harm was done. I would take pics of any injuries, as well. I would just go from there. She will need to be prepared to talk to someone from Marshall's corporate office--they usually have people to handle these situations.
At the very lease, she'll probably get a gift card or something.
2007-08-17 00:23:08 · answer #3 · answered by Oliviasmom 2 · 2⤊ 0⤋
probably not, one they should be paying more attention to your nephew in the first place.they could be remodeling the store or fixing the displays in which you couldnt sue. but alot of stores are also protected against law suits, believe it or not you cant slip in walmart and then sue them, they have alot of laws protecting there store, and im sure it was all caught on the stores video tapes where they would find something your aunt or nephew did (like playing with the rods, which im sure he was doing in the first place) to make them fall and your aunt could possibly get charged with child negligence if she was far enough away from him and not "watching" him.
sorry but i doubt you have a case at all.
leave the lawsuits to people who are really injured.
2007-08-17 00:24:40 · answer #4 · answered by Christa 2 · 2⤊ 2⤋
Get a grip! She picked up something that wasn't for sale and dropped it. It's her own fault. Why is everything that happens a chance for people who have accidents (She didn't mean to hurt her kid, but neither do the folks that run over their own kid in the driveway. S**t happens, even to good people.) to win the lottery with some lawsuit??
2007-08-17 00:25:50 · answer #5 · answered by Sarah C 6 · 2⤊ 2⤋
In all honesty the kid should have been better supervised had he been none of this would have happened.
Just trying to Play Devil's Advocate and give the view from the other side.
If it did go to court, and I was representing the shop that would be the fight I would give
2007-08-17 00:14:51 · answer #6 · answered by mylilsims 5 · 2⤊ 2⤋
No, your aunt wasn't paying attention to your nephew. It's not the stores fault that your nephew was doing something he wasn't supposed to be doing and the person who was SUPPOSED to be responsible for him and his safety was not paying attention to him.
2007-08-17 02:21:02 · answer #7 · answered by Anonymous · 0⤊ 1⤋
She should have watched the child better. If she takes it to court she'll have to give the whole story, and they file neglect against her and she'll never she that child again. Some ppl just shouldn't have kids.
2007-08-17 02:48:45 · answer #8 · answered by Anonymous · 0⤊ 1⤋
sue them!!! i would do it right away, tell ur aunt to go to the ER and take her son, get it documented that it was MARSHALLS neglegence of unsecure shelving that made the problems.
definitely!!!!
2007-08-17 00:44:48 · answer #9 · answered by Anonymous · 0⤊ 1⤋
No. Its an unfortunate incident. Deal with it and leave the lawsuits to labor workers who have been sucking asbestos for 50 years, patients who have lost limbs due to careless surgeons, parents whose children are retarded because they have been inhaling lead paint due to landlords lack of concern.
2007-08-17 00:14:14 · answer #10 · answered by Anonymous · 4⤊ 2⤋