Legal Question in Personal Injury in Utah
child suffered skull fracture at grocery store
My 5 year old son climbed the metal rails by the check out stand and he fell onto his head and suffered a skull fracture. I was there and told him to get down - I tried to catch him. It only took 5 seconds to have this happen. I am upset that they even have these rails by the check out stand because they are at the back of the parent and it makes the parent to turn their back to pay for the groceries. I feel like the grocery store is at fault for even having the bars. Every child will climb on them. Please help me. My son can't do anything for 6 weeks he lost the rest of his summer and I did not get a lot of help from the people at the store. The ambulance would not load him up because they thought he was fine - even though I told everyone I heard his head crack when he hit. Do we have a case?
2 Answers from Attorneys
Re: child suffered skull fracture at grocery store
It may be an attractive nuisance to have the bars, but if you son did not suffer any injuries, you have no damages. Watch your son carefully, sometimes the injury shows up later.
Re: child suffered skull fracture at grocery store
There may be a case here, but it really depends on many different factors. These include the seriousness of your son's injuries: did he actually suffer a skull fracture or was he unharmed as the EMT's from the ambulance thought? Did the store know the bars were dangerous or potentially dangerous? Had other children been hurt on them? These are just some of the things that would be important for me to know. I would be happy to talk to you for free about your potential case if you give me a call.
DISCLAIMER: Information presented here is not intended to be legal advice, and should not be relied upon as such. You are encouraged to consult with an attorney in person regarding your specific legal situation. This reply does NOT create an attorney-client relationship between the poster and Mr. Faerber.
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