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Can I get any type of money, from a mall, for an on premises injury? The table base he fell onto was sharp, is this negligence?

Flushing, NY |

My son was climbing on a chair in an outdoor food court. He slipped, and fell backwards hitting the corner of the square metal table base. There was blood everywhere and we were rushed to the hospital. I think that if the base was round instead of square, he wouldn't have needed to get stitches. My son was fortunate to just get 4 stitches, but the next child may not be so lucky.

Attorney Answers 8

Posted

It may be actionable. However, more information is needed.

To bring a successful personal injury claim you need to have both liability and damages. Simply because the base of the table was square as opposed to round, does not mean it was dangerous. While you mention that your son was climbing on the chair, you do not mention what caused him to slip. Was there something besides his own actions that made him fall? Was someone supposed to be watching him who was negligent in their care or not paying attention to what he was doing?

As for the damages, you indicate that your son needed 4 stitches, but did not indicate to which part of his body. Has a scar formed. Unless the injury is more significant it may be difficult to find an attorney willing to take the claim on the damages aspect alone.

Best of luck.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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2 comments

Michael J Palumbo

Michael J Palumbo

Posted

"Was someone supposed to be watching him who was negligent in their care or not paying attention to what he was doing?" 'Ya think?

Brian C. Pascale

Brian C. Pascale

Posted

That was my point....I love when parents want to sue over cases where they were negligent in their care.

Posted

a commercial premises owner certainly owes a duty to make safe conditions which could be dangerous. however, this may not be considered dangerous, even though your son unfortunately was injured. contact a local attorney who helps here.

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Posted

4 stitches alone is not enough to warrant the costs of a law suit. While a round base rather than a square base might be preferrable, the issue is whether it violates any codes or standard of care in the industry. Talk to a personal injury lawyer if you want to pursue this. The landlord may have insurance to cover your medical bills regardless of whether it was negligent.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

There's not enough information but what you've indicated seems to indicate a tough case. Contact a lawyer in your area to discuss the potential liability and the value of the damages.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

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Posted

A local personal injury lawyer can certainly investigate

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Posted

You may have a basis for asserting a claim on behalf of your child. Whether the table design was appropriate for being used in a food court is a matter involving evaluating whether the party responsible for its placement was somehow negligent in selecting the particularvtablevandvwhether the table was designed for public use. There may be a claim against the manufacturer as well. The best thing to do is report the incident if you haven't already done so and meet with a personal injury attorney promptly.

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Posted

How can I say this gently. Know what, I can't. The only negligence here was in his caretaker not properly supervising him. Sorry.

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Posted

If you can find someone to take your case on a contingency fee, good luck to you. I think liability is a big stretch and you can assume the first question from defense counsel would be, "why are you letting your son climb on a chair." Even with good liability, unless there is a big scar, a small cut with stitches is not worth very much.

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