You are correct it could have been dangerous. In MIchigan, however, "what could have, would have or should have" is not enough to make a lawsuit. You need to deal with what did have occurred. As far as remedies, you can return it to Walmart and discuss with them what is fair. Good luck
You should consult an attorney in your State at once. This response does not constitute legal advise outside the State Of Michigan and is not intended to establish an attorney-client relationship with our offices. It is for informational use only of the general laws in the State of Michigan, only. To retain our offices, you need to sign a contingency contract with us. We do offer free consultations and we can refer clients to lawyers in your State if you call us. Visit our webpage and tell us what you think. www.schnitzerlaw.net
Luckily your daughter was not injured. However, since she was not injured then she has no damages and therefore no case.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
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