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I was shopping at Marshalls, I placed a hair spary can in the shopping cart it fell out onto my big toe. where is the liability

Reno, NV |

I had to go to the hospital immediately, I have four stitches, was in the ER for five hours, had 7 two vile of lidacane, pain pills, and the pain was worse than my 2 c-sections. I almost passed out several times if my BF had not been around the corner they would have called the ambulance there was so much blood and it just stopped bleeding after 4 days. The hairspray can slipped through the opening where the hands grasp to push the cart not where children's legs go. This was a VERY Large can. I can not wear a sock, shoes, and work clothing and have even missed work and sleep the pain is awful.

I would like to add the cart is a very odd design and does not have a large area at the bottom like a regular shopping cart. It looked somewhat similar to this cart and fell through right below where the top area where the hands push the cart. http://www.argodyne.com/wp-content/uploads/2009/11/shopping_cart.jpg

Attorney Answers 5


  1. This seems to be one of those freak accidents where there is no liability on the part of the store. It is unfortunate and I wish you a quick recovery.


  2. Sounds like a difficult case, since the area you are talking about is not for storage or carrying. But it won't hurt to get a free consultation with a personal injury attorney.


  3. It sounds like you placed the can in the upper portion of the cart, rather than in the lower basket portion meant for larger items. As such, it is entirely possible that neither Marshall's or the cart manufacturer have any liability. The question is whether the design of the cart was negligent, in that someone could be hurt by using the cart properly. That creates the quesion of whether placing a large can of hair spray in the upper basket is proper use of the cart. You should make sure that Marshall's has an incident report on file, and follow up with them to make a claim. The same should be done as to the cart manufacturer. You should also make sure you have pictures of the cart, and, if possible, recreate what happened by videotaping or photographing the same product in the same type of cart the way you had placed it, demonstrating where it slipped through. A claim for a defective product design (the cart) can be very difficult to pursue, and you need experts to examine the cart and provide an opinion that it is dangerous. Try an internet search to see if similar claims have been made in regard to this type of cart. Ultimately, you should consult with an attorney who handles product defect claims.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.


  4. I don't see any liability on the part of the store.

    This is general advice and does not establish an attorney-client relationship.


  5. Have a local personal injury lawyer investigate nonetheless

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