Can i sue Mother for my medical bills, after I tripped over a toddler in the store and broke my wrist?

Question

I was in a store with my wife at the customer service counter. I was actually standing a few feet behind her waiting to finish a purchase. When she finished, I took a step back to make room for her to get by so we could leave. In the process, I tripped and fell over a small child (maybe 2 or 3 y/o) who was just sitting on the floor behind my feet completely unsupervised, while her mom and grandmom were at another customer service counter. Anyway, I fell hard and broke my wrist and landed hard on this kid. I could feel and hear the sound of his head smack against the hard floor of the store. Naturally, the kid was crying and I felt absolutely terrible, I said I was sorry to the kid and tried to see if he was ok. I was certain he hit his head pretty damn hard but the mom was like 'don't worry it was an accident ...What..No apology, for her carelessness. so my wife and I left to the Hospital . I couldn't help but think that if the kids mom would have been paying better attention to child.

but this kid should not have been sitting there on the floor 10 feet away from his mother completely unattended. I didn't even see the kid until after I hit the floor. Anyway, I feel so bad for the kid and I hope he's ok. On the other hand, the remnants of my fall are starting to surface on me and I'm sore as a mother.On top of a Cast, It seems I twisted my knee pretty good and hurt my forearm and butt on the fall too, and I can only imagine it's going to hurt more the next couple of days. I still feel bad inside for the poor little kid, but I remain furious at the mother now b/c of my aches and pains too. What I'm really thinking in my mind right now is "That stupid F...ucking B itch! Why couldn't she keep a better eye on her kid?!?".

Answer 1

You can report her to the state. If they got video in the store, they can identify the mother and see exactly what happened. If it seems that she does not care, the state will take the child from her. I think that is the best thing for you to do.

Answer 2

I wouldn't since he shot her son but I think he could. People I would sue if I were Zimmerman: 1. Spike Lee 2. Black Panthers 3. The state for malicious prosecution (special prosecutors my as$) 4. The Media because falsely portraying him as a white guy is what caused this commotion, more so than shooting a kid did.

Answer 3

Doubtful. You have just as much of a duty to watch where you are going. Children are easy to see.

I saw a similar case where a lady fell over a puppy that was sleeping on the floor and broke her leg at her friend's house. The lady lost because the jury thought she should have been looking where she was going.

It's easy to place blame on others when you're frustrated but you have to understand that there are always things like "kids" that you can't just step on or fall over, supervised or not.

Answer 4

That's a pretty unreasonable argument. It was an accident. It's not like the mother purposely allowed her child to wander off just so you can trip. Yeah you got hurt and it sucks, but it was an accident, which means it was no one's fault and no one should be blamed. If anything, I'd tell you to be more careful and watch where you're going.

Answer 5

wow mate... my heart bleeds for you! when you took a step backwards did you bother to look behind you? i doubt it! otherwise you would have seen the child. maybe you should share addresses with the mother, as in the future the child may have brain damage due to your carelessness! SHE may need to sue YOU for HER medical expenses. do you have kids? if you do i guess you would know how hard it is to keep your eye on them. i feel for the mother - motherhood is a hard job and imagine what hardships she could be facing if she was a poor person with a head injury to cater for and on top of that some money hungry careless idiot who didnt look where he was stepping! put you in the aussie bush and see how long it would take you before you step on a snake and get bit! (maybe then you could sue national parks for not looking where thier snakes are going! (sorry a little off topic there!))..
crikey mate, whats the world coming to where people sue others for thier OWN carelessness!
i guess its just the american way aye mate?

Answer 6

Knowing where a toddler is at every second is like trying to herd cats. I can only imagine that you don't have kids of your own, or you would know better. That child could have had a concussion, and it would be your fault that you didn't look where you were going. The mom was really nice to you under the circumstances.

Answer 7

ah this is a hard one. I totally see your point and part of me says yes go for it, but did you even get her info in the 1st place? On the other hand I am a mom to a 3 yr old and they wonder off and quickly, however I never let mine out of my sight especially to go sit behind someone else that far away form me... Call up a lawyer and see what they say.

Answer 8

Dont blame the poor mom. I was the little kids own fault. He didnt know any better. I know it was severe but it was an honest mistake by the kid not the mom. She had no idea he was loose and that you had really bad injuries.

Answer 9

It is possible that you could, but she may also try to counter-sue you. There is no telling what her or her mother would say. I would ask a lawyer for advise before initiating anything and see what the cashier had to say.

Answer 10

I see your point, my friend, but that's the luck of everybody. S--t happens, and it looks like you had it happen to you. That's why they are called accidents. Be your own judge on the sueing. Put yourself in the mother's shoes, and you might get a different point of view. Use wise judment.

Answer 11

As far as the mother's liability: yes, you tripped over her unsupervised toddler but you were walking backwards and wasn't watching where you were going. Your additional details don't mitigate anything. Of course you didn't see him, you already stated that you took a step backwards.