What legal action can I take as my son got hurt in head at Lowe's playground by a hammer head due to negligence

Asked 8 months ago - Gainesville, FL

Hi,
We went to a Lowe's store indoor playground and my 4-year old son got hurt (badly) in his head as they kept a hammer with loose head in the table which another older boy was holding and waving when the incident happened. The hammer head slided off the wooden stick while the boy was waving it in the air and directly hit my son as he was sitting next to that boy. We had to go to emergency due to this and my son got stitches. My question is what legal action can I take? If Lowe's offer compensation for this, how much can I ask for it?

Attorney answers (11)

  1. John Clint Wallace

    Contributor Level 10

    20

    Lawyers agree

    Answered . You potentially have a claim against both Lowes and the parents of the child that was swinging the hammer. You should contact an attorney immediately.

  2. Omar A Cardenas

    Contributor Level 9

    18

    Lawyers agree

    Answered . It sounds like you have a strong case for negligence on the part of Lowes. Lowes clearly has a duty to make sure the playground area is free from any dangerous conditions. By allowing a child to get a hold of a hammer that resulted injuries to your son, they have arguably breached their duty.

    The true value of his case would be determined by a jury of your peers. There is no limit as to what you can ask for. If Lowes makes an offer, the amount will depend on many factors. Most importantly, liability and damages. Most often, stores like Lowes, will tell you that they are investigating the claim and give you the run around for a few months before claiming they aren't responsible.

    My suggestion is to contact an experienced personal injury attorney in your area for a free consultation. The longer you wait, the more you could be jeopardize your case. You shouldn't give any statements or sign any documents without an attorney and you want them to preserve any video surveillance footage. An experienced attorney can you assist you with the entire claims process. Best of luck.

    Answering this question does not create an attorney-client relationship between us. The answer given is for... more
  3. Robert Louis Gardana

    Contributor Level 13

    18

    Lawyers agree

    Answered . Children injuries are truly the worse a parent can suffer. Lowes has a duty to use reasonable care including inspecting the hammer with the loose and remove it from the indoor playground. I would strongly urge you to see an attorney in the Gainesville are as Lowes is not likely to provide you with any payment voluntarily. Good Luck,

    All opinions expressed here are those of their authors and is not intended as and does not substitute for legal... more
  4. Lars A. Lundeen

    Pro

    Contributor Level 20

    17

    Lawyers agree

    Answered . You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. 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 timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to... more
  5. Jeffrey Mark Adams

    Contributor Level 20

    16

    Lawyers agree

    Answered . To have a chance at "fair" compensation, and quite frankly, to do the right thing by your child, you need to consult with local and qualified counsel. Lowe's is not going to give away the store because they are magnanimous. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  6. John Michael Phillips

    Pro

    Contributor Level 19

    13

    Lawyers agree

    Answered . You have a potential case here against both Lowes and possibly against the parents of the boy who was swinging it around. We need to discuss more of the facts with you to determine value. I'd highly recommend you contact an attorney. It is fairly easy to do, as Avvo makes it easy to email us.

    Our office accepts clients off of Avvo, but this initial impression is not protected by any privilege, is not... more
  7. David Alan Wolf

    Contributor Level 13

    11

    Lawyers agree

    Answered . It is unfortunate that your son was injured at Lowe's. Like other businesses, Lowe's had a duty to provide a reasonably safe environment for visitors, customers, and guests. Since Lowe's invited children into the store to use the indoor playground, the duty extended to children in the indoor playground. As part of its duties and responsibilities, Lowe's had a duty to inspect playground equipment and tools / toys in and around the playground. One could argue that Lowe's knew or should have known about the faulty hammer OR that Lowe's failed to reasonably or timely inspect the hammer to prevent these type of incidents OR that Lowe's should not have had the hammer around at all near 4 year olds. As for the injuries, each case should be evaluted on its own merits. The value of the case is based on a number of factors including the seriousness of the injuries, visibility of the injuries - currently and in the future, the amount of medical bills, etc. . . . I recommend that you speak to an attorney to get some guidance on this matter before you have any further discussions with Lowe's.

  8. Lawrence Mark Malman

    Contributor Level 12

    10

    Lawyers agree

    Answered . You should hire a lawyer ASAP. There are too many unknowns to value the case. You must wait and see what your son's injuries are, how he recovers, etc.

  9. Ronald William Slonaker

    Contributor Level 14

    10

    Lawyers agree

    Answered . You likely have a case against Lowes for the injury your son recieved and I hope he makes a full recovery. How much is the case worth is too difficult to answer without all the facts, the medical records, what treatment does he still need or that he will require in the future. Personal injury attorneys have seven years of college, multiple continuing education classes, and years of experience to train them to handle these cases. You owe it to yourself and your son to hire an attorney rather then try to do something so complicated and difficult on your own.

    This response is to provide general legal information and does not constitute legal advice nor should it be... more
  10. Clifford M. Miller

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . By providing the defective toy for the children to play with, Lowe's was obviously negligent. I doubt if the other child was old enough to legally be negligent, and I doubt if there is a case against the child's parents. Nevertheless, there is a good case against Lowe's.

    However, how much to settle the case for now cannot be determined. One would have to have a crystal ball to know how well your son will recover from his injuries. An appropriate settlement or verdict could range from the cost of his medical bills plus a small amount for pain and suffering to much more than that if he develops severe scarring, suffers emotionally, or has any other permanent injuries.

    There is a four-year statute of limitations for negligence so you have some time to wait to decide if you should settle the case now.

    You do not have time to wait to see a lawyer about it though. At the very least the lawyer will send a letter to Lowe's so that any video evidence is not destroyed by Lowe's while you are deciding what to do with your case.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  11. Jovita Wysocka Kravitz

    Contributor Level 7

    Answered . Your attorney may also look into a potential products liability claim against the hammer manufacturer; he or she may find out whether there have been any other reported incidents involving the hammer head coming off the handle.

Related Topics

Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

Personal injury lawsuits

Personal injury lawsuits allow an injured person to seek compensation for the injury, either by court decision or through a settlement.

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