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Hello, my name is Yani I just want to know if I have a case here for my baby injury.

Oakland, FL |

I went to walmart today with my son and mom and when we place the 2 year old in the child sit on the shopping cart he started screaming and crying when we took him back up he got a s crash and small cut on his leg because the cart had a peace of metal sticking up looks like the cart was missing a part that it was hard to tell. when we went in and asked for a supervisor or manager they took like 20 minutes to get it and when she finally arrive I asked her for some type of alcohol wipe or something to wipe my baby leg and disinfect that took 15 min more but they only came out with an antibiotic cream after that I had to wait for another manager to get a paper for me to explain them what happened I'm just very Upset of how they handle it and how they have a shopping cart like that!
Thanks

Attorney Answers 4

Posted

Possibly. You would have to prove that Walmart was negligent. In your particular case, that requires showing that Walmart failed to maintain its shopping carts in a safe manner. Your damages would all depend on the extent of your child's injuries. A "small cut" on his leg - while unfortunate - is probably not going to result in a big damage award. Call around, see if you can find a lawyer in your area who will take the case.

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Posted

It will be helpful if there are photos of the shopping cart at issue. Wal Mart has a duty to provide a reasonably safe environment for shoppers as well as their children. Like other cases, one question or issue is whether Wal Mart knew or should have known about the problem. Another will be whether the shopping cart was a dangerous item on premises. The handling of the case will also depend on the severity of the injuries. Hopefully, you son heals without scarring. A case involving permanent injuries and / or scarring has more value than one in which the injuries are minor and temporary. Consult with an attorney on this matter.

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Posted

Perhaps. Personal injury attorneys are usually paid through a contingent fee arrangement -- meaning that when you get paid, they get paid. All PI attorneys evaluate claims for damages and decide whether they want a case. While the cut may be actionable (and no doubt was painful), a PI attorney may look at the case as having a minimal value and thus, you will be challenged to find an attorney to carry the load.

Shop around in Florida for a good attorney and see if you can get representation.

Best of luck.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

Yes, there is negligence which will be much easier to prove if you, or they took pictures of the cart. The question is whether there is anything a lawyer can do to help you. While any injury to your child is a terrible thing, the injury as you described it did not appear to require stitches and may not even leave a scar. If you don’t have pictures and they deny anything was wrong with the cart, I doubt any lawyer will file suit to force Wal-Mart to turn over their pictures and otherwise prove fault. A lawyer may however make a written claim and try to get something for you without filing suit, so you should certainly contact a local personal injury.

This answer is a public service and not an attempt to solicit business. Jonathan Groff’s practice is devoted to all aspects of personal injury litigation throughout Florida. He has a “10.0 Superb” rating from AVVO and is rated “AV Preeminent” by Martindale-Hubbell. However, this reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raise then I have set out in my brief reply. Further, unless your matter concerns Florida law, I am not licensed to practice or give specific legal advice in your state.

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