I am sorry to hear about your ordeal. It sounds like a parent's nightmare.
In this type of case the details matter a lot. Why/how did it collapse? How old is your son? Where were you and/or other adults?
Kmart will likely deny liability. Whether some or all the blame can be laid at their feet will depend many details, which you should share privately with an attorney.
There is not enough information here.
It is not a matter that they are "automatically" at fault, or that you are "automatically" at fault. You could both be partly at fault, or they might not be at fault at all.
Slip and fall cases are tough, and the stores win most of those cases. Having said that, I have gotten good results on some slip and fall cases - so the devil is in the details.
You need an attorney to review the factual details - factual details you should be posting online.
If the fee agreement was for both cases, then the attorney is entitled to a 331/3 % fee on both cases, not just one.
Whether the attorney is still entitled to a contingency fee depends on whether they substantially completed work on the case. A court might limit the attorney to a reasonable hourly rate.
Representing yourself at trial makes a much sense as performing surgery on yourself. Even if you were trained to do so, it is never a good idea.
The fact that there are two collisions...
First, you are not giving in to any demands.
Second, if this guy posts anything be assured that any mature person will see him as the tacky one. Any raunchy thing you said is no more raunchy that things said by anyone and everyone. He is the tacky one for sharing something clearly meant to be private. I know that is easy for me to say - but any mature adult will realize this and not judge you. They will judge him. As to immature people - to hell with they think, anyway.
Did he express...
I am sorry to hear about your ordeal.
You can recover for pain and suffering - if you can establish that the first doctor's actions (or inaction) were below the standard of care.
To do that you will need an expert medical opinion. A personal injury attorney can help find such an expert.
> Do not talk to the adjuster again.
> Do not post any details online anywhere - not even Facebook, etc.
> Consult directly with an attorney who can, among other things, hire a human factors expert to examine the stairs. Do so soon, in case they change the condition of the stairs (repaint with differentiated colors, for example). Changes may be inadmissible as a subsequent remedial measure. In plain English, repairs/improvements after the fact are not allowed as evidence.
> Do not...
What are the nature and extent of your injuries?
What caused the bike to fall? Was this a random event? Did you or another customer attempt to take the bike down?
These are just some of the questions you should discuss privately with an attorney.
1) seek a medical evaluation and any needed treatment. Taking care of yourself is the most important consideration.
2) preserve any recording that proves what the performer said that you may have or know about
3) speak to an attorney who can take steps to attempt to find and preserve other recordings that may exist.