What to do

Asked over 1 year ago - Sacramento, CA

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)

  1. Malosack Berjis

    Contributor Level 20

    12

    Lawyers agree

    Answered . 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.

  2. Adrienne Patricia Allen

    Contributor Level 15

    9

    Lawyers agree

    Answered . 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... more
  3. Jeffrey Mark Adams

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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... more
  4. Paul J Molinaro

    Pro

    Contributor Level 17

    6

    Lawyers agree

    Answered . 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
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    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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
  6. Sean Michael Patrick

    Contributor Level 16

    2

    Lawyers agree

    Answered . 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... more
  7. Kevin Coluccio

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

  8. Marcos Antonio Gonzalez-Balboa

    Contributor Level 4

    2

    Lawyers agree

    Answered . 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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