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My 2 month old baby got hit in the head by a heavy metal changing table that wasn't secured at Wal-Mart. Do I have a case?

Douglasville, GA |

The changing table was broke, but there was no indication of it until I tried to close it and it fell down and slammed on the side of my baby's head. Not the typical tan changing tables, this was a HEAVY metal changing table. My baby screamed for about 20 minutes afterwards..There was 1 Walmart associate that heard him screaming and then an assistant manager came and did an accident report. His pediatrician checked his head and told me that I should wait to see the way his skull forms since it was too early to tell since he was son young. Now he is 8 months old and I can clearly see that his head is slightly deformed from getting hit in the head. I am just wondering if I can sue for pain and suffering or anything else?

Attorney Answers 9


  1. Wow, I hope your baby is well. Immediately contact local and qualified counsel. You should take your baby to a hospital and/or pediatric neurologist. Do not speak with anyone associated with Walmart. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


  2. Yes. Consult with an experienced GA personal injury attorney ASAP. Keep following up with the doctor to monitor his progress. Did you get photos of the table?

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.


  3. I am sorry to hear of your son's injuries. You should take your baby back to the doctor if you have any concerns about the way his head is forming and you should talk to your doctor about developmental milestones to see if your child needs further testing or treatment. You should also talk to a local personal injury lawyer about what happened. You may have a case if Walmart knew, or should have known, about the broken changing table and did take any steps to warn you about the possible danger. An attorney can help you understand your son's rights and possible recovery.


  4. Yes, you may have a case but the most important thing right now is to ensure your son is ok. Not to diminish or impugn your observations about a deformity, but that determination must come from his pediatrician as at 8 months he could still grow out of it. Plus, there may be questions about cognitive impairment caused by the trauma to his head that may not manifest themselves for years. If Wal-Mary contacts you, politely but firmly decline to speak with whoever calls. Contact an experienced personal injury attorney in your area to discuss how best to succeed,


  5. What a stressful thing to have happen! How long ago did this incident take place? Was a CT scan performed after the incident? Is your son on target for reaching milestones based on his age and development? Is he failing to do anything you think he should have been able to do by now? All of these are questions which must be answered to determine if there has been any long-term harm from the blow to his head. As other attorneys have said, the most important thing is your son's health.

    There are so many ways to approach resolving a case like this but, most importantly, you should not discuss the matter with Walmart directly. A qualified personal injury attorney is absolutely your best bet. Fortunately, children tend to bounce back more quickly than adults. However, if there has been any sort of injury to the brain, that is extremely serious as brain cells do not regenerate. Traumatic brain injury (TBI) is a special area of expertise that requires intricate knowledge of how the brain works and what to look for. I have dealt with TBI in multiple cases involving both direct damage to the brain from things such as a blow to the head as well as gross diffuse injury from invasive cancer or lack of oxygen.

    I would be more than happy to speak with you about your matter if you'd like to give me a call.

    Best of luck,
    Lisa


  6. From your description, it sounds like you have a strong case for negligence, and in most states, under these circumstances where you were there to watch the injury happen, you seek damages for pain and suffering.


  7. I'm sorry to hear that this happened to your baby at such a young age. Be sure to get photographs of the changing table if you have not done so, already. You may want to hire an attorney sooner, rather than later to write a letter to preserve any evidence of the incident that Wal-Mart may have on video.

    The value of the case depends upon the damage to your son and the extent of his injuries. The pediatrician or a pediatric neurologist would have to assess your son's damages to confirm a skull deformity.

    I'm sorry this happened - good luck.


  8. It is always frightening when a child sustains any kind of brain injury and the science in this area is developing rapidly. You should definitely contact a Georgia personal injury attorney familiar with handling brain injury cases immediately, and, more importantly, you should be sure your pediatrician is aware of the injury and can help guide you to determine when and whether a neurological consult is appropriate. Be sure to document any symptoms your child had right after hitting his head and any symptoms that might still be having consistent with a brain injury. Your child's pediatrician should be able to guide you on what to look for. Also, the Brain Injury Association of America and the Brain Injury Association of Georgia are on line resources that are helpful and informative. I agree with others who have urged you to talk with an attorney right away and NOT to talk with Walmart or their insurance representatives directly.


  9. Yes. You have a claim for the medical expenses of your son, and your son has a claim for his pain and suffering that he can bring either 1) when he reaches 18 years old; or 2) through you in the same lawsuit "by next friend."

    An attorney that specializes in premises liability cases can help you. You likely will have to file a lawsuit because of how technical cases involving injuries occurring as a result of a store-owners negligence in maintaining conditions on their property.

    I answer your question with much more detail on my online radio show, Talking Law with David Dorer here: http://daviddorer.com/04302014/

    Answering questions does not create an attorney/client relationship. I only am your attorney if I have entered into a written contract, signed by me, wherein I expressly assent to be your attorney. Nothing I post should be construed as legal advice to be acted upon, it is merely a legal opinion.

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