Can I sue Walmart and what do I have to do . She got out from the straps ,not sure if they were in working condition , I can't explain how she got out just in 2 sec. when I turned to take something from the freezer . She has a head contusion and I brought her to ER . She has to be supervised for brain damage for the next 3 days.
2007-11-30 12:16:13 · 55 answers · asked by sobusy 2 in Pregnancy & Parenting ➔ Toddler & Preschooler
You people are so inconsiderate! Of course I was watching her but when you are doing the groceries you can't be 100% with the eyes on them. Accidents happen like someone said . I had my 2 other kids (3 and4) with me , it's not an easy life and don't make me feel like I am a bad mom! Just want advice . I think the straps were working but she can squize through anything .
2007-11-30 12:38:52 · update #1
Mine did the same thing when she was 2 and it was at Wal-Mart also.She was buckled in but I had no idea that she knew how to unbuckle herself.I was helping my husbands grandmother up from the wheel chair so she can go to the bathroom then all of sudden I heard screaming and crying,my daughter unbuckled herself and tried toclimb out of the buggie and landed on her back barley hitting the back of her head.Thankfully she was okay.I'm sorry to hear that your little girl had to go to the ER I hope everything will be okay.Anyways what I had to do now own was take her in her stroller and buckle her in with the belt backwards until she was old enough to walk next to me and her daddy.Ingore all these ppl on here you have 2 other kids to watch plus shop to.I think you do good to handle 3 kids at Wal-Mart to let along shop to.
******GROW UP PPL!!!! Just cause her daughter fell out doesnt mean shes a bad parent!!!!******
2007-11-30 15:01:02 · answer #1 · answered by ShreekyDaStonerLette 420 2 · 2⤊ 2⤋
No you can not sue walmart. Toddlers can work out straps... I understand that you can not watch her every second of everyday. But accidents happen some small some big...to everyone good and bad parents. It only takes toddlers 2 sec to do anything. Why do you want to sue, do you need the money? Or are you just trying to blame someone else so that you don't feel so guilty?
2007-11-30 13:43:57 · answer #2 · answered by Mareezi 3 · 2⤊ 0⤋
I am sure you can, but you would have a hard time winning your case. Since there are signs on the carts that say "watch you children" and stuff like that, it will be more likely that the defendant (wal-mart) would say, "It is the parents responsibility to ensure the child's safety".
I know this sucks and is upsetting your child got hurt. Did you check the straps? Children can get out of those things real easy, is she old enough to know to sit in the cart?
Children always have the tendency to get hurt the second we turn away, and grocery carts are always dangerous, they are NEVER fail safe.
Unless the incident was caught on surveillance camera, AND reported to the store manager that day, you chances are slim to nil. Again I am sorry this happened, I would suggest always keeping a hand on your daughter, when you can't keep your eyes on her.
2007-11-30 14:37:14 · answer #3 · answered by Sunshine 6 · 2⤊ 0⤋
You can't turn your back on little ones. You should have made sure the straps were working properly before you put your precious bundle in there. If you expect to take 3 kids to Wal-Mart you better bring some back up help. I don't think you can sue Walmart, but these days who knows. They will probably say you should have been watching your kids. And these days, yes, you have to keep your eyes on them at ALL times. I am not trying to be rude, that is just a simple FACT!
2007-12-01 00:17:48 · answer #4 · answered by buckeyefever7 4 · 1⤊ 1⤋
You say you don't want to be considered a bad parent. However, you also say your child has to be "supervised for braind damage" for the next 3 days. Precisely why are you more worried about being online to figure out whether or not you can sue Wal-Mart than you are about making sure your daughter is ok? If it was my child, I'd be hovering two feet away!
More to the point... There are ambulance chasing lawyers everywhere! If you really WERE stupid enough to want to sue about this, I'm sure you wouldn't have to be asking for advice on here. The lawyers would probably be snapping at eachother to get to you!
Thus, I'm pretty sure you're just some lame kid trying to get a rise out of people. GROW UP!!!
2007-11-30 15:29:00 · answer #5 · answered by JainaS 2 · 0⤊ 1⤋
I have 2 kids and used shopping carts at least 100-200 times with at least one kid inside.
This is the trick with shopping carts. Keep one hand on the handle at ALL times. If your child makes any movement, your hand will feel the shifting of weight in the cart. Unless you have some lack of sensation in your hand then you should feel (in your hand) when your child is moving at all. This will cause you to turn your eyes from the store shelf to see what your child is doing. If she is starting to climb out then catch her. She should already be in arms reach anyhow.
I had high energy toddlers and I can't even tell you how many times I had to grab one to prevent a fall. It must have been dozens at least. Never fell out of the cart though. Fortunately, mine are 2 years apart so the older one was good about staying in the cart while the younger one would try to get out.
My kids are teenagers now and half of the carts they were in didn't even have straps. They weren't so popular in the 1990s as they are now. Trust me, keeping one hand on the shopping cart handle will alert you to movements in the cart. You will feel the weight shifting in there and look away from the store shelves.
If you are using one of those multi-seat shopping carts then put your hand closest to the traditional child seat in the cart when you have to stop. The little one sitting in the traditional seat is the most highest elevated from the floor. It's the most hazardous when there is a fall. When you stop the cart then make sure your hand is grabbing hold of part of that seat. At that point, you should have it as safe as can be to get something out of your grocer's freezer with your free hand.
Shop in stores that you are most familiar with so you can minimize the time that you are looking at shelves searching for an item. Always bring a list because this isn't the time to be wondering what you may or may not have in cupboards. You don't need that distraction.
I hope you daughter gets well as soon as possible.
2007-11-30 12:38:46 · answer #6 · answered by Anonymous · 2⤊ 0⤋
Save your money, sweetie.
Proving that Wal-Mart was at fault is going to be a tricky business. It sounds like you're not even sure if your daughter just Houdini'd out of the straps or if there was actually a flaw in their construction. Which cart were you using? Do you have photos?
Suing a major corporation ain't cheap ... and the odds of collecting more in damages than you spend on attorneys isn't great.
Now go back to your little girl. I hope she's okay.
2007-11-30 12:49:48 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Suing is not a great idea, and hopfully shes ok, its not your fault it happenend and not a bad mother but maybe next time watch her very closly or get some rope for your 3 and 4 year old with a knot on it so they are also close by have them hold on it so you can pay attention all three. And keep more then careful eye and when she sleeps check her every 5 minutes, thats what my boss did with a 2 year old who fell off a stool just incase she doesnt black out or not doing good.
2007-11-30 15:31:13 · answer #8 · answered by kittykatgirl_2008 2 · 1⤊ 0⤋
u know what i would do is give that walmart a call and tell them of what happened., take pictures of your childs injury and keep all medical bills, now days people sue companies for the craziest things, and i know how it is, i only have one child and its hard for me to keep in seated and straped in the grocery cart. I think these people just are not parents and they dont know the struggles of trying to do your shopping with kids. I think those companies should come up with something better, like at the dillions where i live they have race car shopping carts, makes them wanna stay sitting cus they can play with the stering wheel, while you can shop peacefully. You should call a lawyer and ask them about it. Not just one but call many and see what they have to say, Best of luck to you and you youngster. God bless
2007-11-30 13:16:42 · answer #9 · answered by Heather S 3 · 2⤊ 0⤋
sorry about the little one that almost happened to me as well with a 2 yr old. I beleive that it states right on the cart that you are not supposed to leave the child unattended. not to be rude but how are you not sure if they were in working condition, if you were going to take the step to buckle the child in why would you not make sure that they worked properly and latched. also i don't think Walmart or any other store could anticipate the handy work of a toddler, maybe your child knows how to unbuckle the straps. i do not think your lawsuit would go far. it was not really their fault, was it?
2007-11-30 12:24:18 · answer #10 · answered by Anonymous · 4⤊ 0⤋
No, you can try to sue walmart but I believe it would be a waste of your time and money. Thats like saying your kid was walking next to you and you turned around and s/he was gone when you looked back. If someone snatched your kid from behind you when you weren't looking, could you sue the store for not knowing there was a kidnapper in the store? No! They don't close the store each night and inspect each and every carts seatbelts.
2007-11-30 12:30:55 · answer #11 · answered by MamaBear 3 · 1⤊ 0⤋