Legal Question in Personal Injury in South Carolina

My 6yr. old son's fingers were crushed in a gas station door

While traveling from SC to TN I stopped at a Citgo gas station (in SC) so my son & dtr. could use the restroom & get gas/drinks, while I was paying with debit card my son & dtr. were waiting by door when a man began to enter, my kids backed up to get out--name removed--the way and needless to say when the heavy door swung shut my 6yr old sons fingers were in the door jam and three fingers were smashed, the ambulance was called out & splinted his hand until I could get him home to his Dr. (& I am also a RN & monitored his condition)...he has had Xrays & fingers sustained fractures etc...well Citgo Risk management has contacted me, while I do have excellent insurance, I also have co-pays etc..also worried about his growth bones being affected in future...who is WAS an accident...??? just curious...thanks ;)

Asked on 4/21/09, 2:29 pm

2 Answers from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: My 6yr. old son's fingers were crushed in a gas station door

There is most likely some insurance that will be applicable in this case. Most retail locations maintain some type of "med pay" policy that can be used to pay out of pocket medical expenses. The real question here is whether there is liability on the part of the gas station for having a defective or negligently designed door.

Our firm has successfully handled cases in the past involving children who were injured by doors, including the issue of damage to the growth plates. One of our attorneys will be glad to discuss this case with you further if you so desire.

If you would like additional information about this or related topics, you can visit my personal injury law blog ( or our firm's website ( If I can assist you further, please do not hesitate to contact my office.

Thanks and good luck, Ben Stevens

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Answered on 4/21/09, 3:51 pm
Robert Johnston Law Offices of Robert J. Johnston

Re: My 6yr. old son's fingers were crushed in a gas station door

I know that you have already received an answer from an attorney and I agree with him that this store most likely has what is called Med Pay, or Medical Payments. My take on it is this. I am not sure at this point who is liable if anyone. It sounds like your son may have put himself in harm's way. On the other hand, as a Personal Injury Attorney, I would investigage a number of things, such as if the door was not working property and may have closed too quickly, or what sort of standing room was available for kids whose parent's are paying at the cashiers, etc. In other words, I simply do not have enough information. Sometimes kids put themselves in positions where they get hurt. As you said, it was an accident. Maybe there should have been a sign on the door warning people to enter with caution. Or maybe the doorway should have been constructed differently so that this sort of thing cannot happen. On the other hand its possible that the store itself could have been set up better so that things like this didn't happen. At this point I do not know if there was one door or two. There is just a lot of different factors that could raise to the level of negligence. Long story short, this would need to be investigated. I hope this helps. And I sincerely hope that your boy is going to be okay. Robert Johnston

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Answered on 4/21/09, 10:09 pm

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