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Shopping at walmart and a 25 pound dumbell fell from shelf and fell on my 2 year old son foot and it broke his toe

Attorney Answers 8

Posted

First of all, I hope your little son is okay. Secondly, did you report the incident to the store manager? Also, I'm assuming that the doctor/medical facility you took your son to documented his injuries (e.g., took x-rays, etc.). Make sure that you get copies of such records/documentation. Third, and final, you should hire a personal injury attorney to assist you in making a claim against the store's insurance company.

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6 comments

Asker

Posted

Yes we took him to the er and they told us he had a broken toe and we also did report this incident to the store manager they gave us a claim number im not sure what that means

Asker

Posted

They also gave me their insurance number i dont know what for ive never been in a situation like this

Malosack Berjis

Malosack Berjis

Posted

They gave you their insurance company's telephone number (I'm assuming that's what you mean by "[t]hey also gave me their insurance number") so that you can file a claim with them. But, whatever you do, please do not try to handle this on your own. Just contact a personal injury attorney to deal with the insurance company. And, since many personal injury attorneys, like myself, offer free consultations, you have no reason not to call today.

Asker

Posted

What is there to handle by myself

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Sorry for typo in your name.

Malosack Berjis

Malosack Berjis

Posted

No worries. ;)

Posted

Agree with Attorney Bergis. Contact local and qualified counsel. 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 www.nyelderinjurylaw.com

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Posted

Poor little guy. This is a tough case, however ,despite the injuries to your son. You will need to prove that Walmart dd something negligent...that they stocked the weights in an improper fashion or that the dangerous condition was there for a sufficient time for Walmart to be placed on notice of it. For exampe, if a customer came by and placed the weight in a precarious position to allow it to fall, Wamart will not be liable. Definitely not a slam dunk case just because it happened, so you will need an attorney to represent your son.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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2 comments

Asker

Posted

What will the attorney do

Adrienne Patricia Allen

Adrienne Patricia Allen

Posted

An attorney is experienced in these types of matters to increase the likelihood of success. Whereas on your own, you could actually damage your son's case.

Posted

While a fracture of the distal tuft of an adult's toe may just cause a lot of pain, there is likely no long term problems that will come of such trauma. However, a young child, whose bones are still growing, may have problems. Also, which bone of a toe is an factor in predicting long term outcome. And, additionally, whether a joint space is involved in a fractured digit is a factor which needs to be considered. An attorney who fully understands all the types of fractures in a particular age group will be able to accurately determine future problems (if any) and more reliably assess the value of the case.

As for liability, breached its duty of care to its customers which caused injury for a case to be successful.

The best part about hiring a personal injury attorney is that we offer free consultations and should we accept a case (and the client accepts us) we work on contingency. Thus, there is absolutely nothing to fear in calling us.

- Paul

Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
(951)520-9684
www.fransenandmolinaro.com / www.888MDJDLAW.com

"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

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Posted

Make sure your son gets proper and necessary medical treatment. I would then consult with and hire a local attorney to handle the matter. Go to the "find a lawyer" tab and look for a local attorney.

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Posted

Retain a personal injury lawyer to investigate. It sounds like they were negligent. Your lawyer will likely receive this store's form denial letter stating that "they have reviewed the video, and they are not negligent", but your lawyer should disregard their common tactic, as there was likely no video.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Posted

Hopefully you filed an incident report with the store. Get your son the medical care that he needs. You can consult with a personal injury attorney here in Sacramento to evaluate your potential claim.

I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Posted

you have an excellent case against the store for failure to safely display their products and/or for improper maintenance. consult an attorney

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