My special needs son was in a shopping cart at JCPenney and the cart broke at the metal welds. The cart collapsed on my son and then I had my 6 month old in a body carrier on my front and we fell on top of the cart on top of my son... they cart company asked me to request money and gifts to help with our claim... should i hire an attorney and how if so?
1 Answer from Attorneys
It never hurts to consult an attorney. That said, cart claims are the worst. I'll do my best to explain it you you - I think it is a very simple concept but every client I have ever explained it to just sits there glaze eyed, slack jawed and dumbfounded. Which in my mind, completely explains how they put their kid in a defective cart but anywho - here goes. They have a duty to do a reasonable inspections of their carts to make sure they are safe and free from defects. Emphasis on 'reasonable'. So do you as a parent when you use a cart. If you the parent, presumably the one person who has the most interest in making sure the cart is safe, did not see anything wrong - how is it to be reasonably expected that the store or cart manufacturer would notice the defect during their inspection so as to be held liable for negligence?