Do I have a case if my son was slightly injured in a mechanical malfunction that threatened his life?
Question Details:
My 4 year old son was at a local kids entertainment facility and somehow ended up underneath a virtual reality machine. When I went saw him, only his two legs were visible from under the machine. There were two people in the machine and neither aware of him. I yelled for them to press the stop button, but the machine only hesitated and continued to move. After screaming for help and physically trying to move the machine myself, people came over pulling the machine off of him. Only when it was unplugged, did it stop. And my son's head was pinned underneath. He was slightly injure; emotional distress. What legal actions can we take?
Personal Injury Law Answers
You may indeed have a lawsuit against either the facility (for negligent supervision; possibly for improper maintenance) or the manufacturer (possibly for improper design or manufacture). However, since your child fortunately did not suffer extensive injuries or require much medical care, you would probably not recover much; given the cost of a lawsuit and the stress it might put your child (the main witness) under, it's not clear it's worth it.
Try sending a letter by some means that you can prove delivery to the corporate office/owner of the facility. Lay out what happened; what your child suffered; and that you are contemplating legal action. They might choose to offer something in settlement; even if it's not alot, if you don't have to go to the trouble and expense of a lawsuit, it may be worth it. You'll still have the option to sue if you don't like what they offer (if anything).
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