CAN I SUE FACTORY 2 U DEPARTMENT STORE? FOR NOT HAVING PROPER SAFETY BELTS ON THE SHOPPING CARTS.

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CAN I SUE FACTORY 2 U DEPARTMENT STORE? FOR NOT HAVING PROPER SAFETY BELTS ON THE SHOPPING CARTS.

OUT OF 40 PLUS CARTS, NONE WERE SUITABLE FOR CHILDREN TO SIT ON. I ASK THE MANAGER TO FIND ME A CART THAT WAS SAFE AND HE COULD NOT. I TOOK PICTURES OF THE CARTS. THE ONE PICK LOOK SAFE, WAS’NT. MY CHILD ALMOST FELL OUT. THE MANAGER GAVE ME THE CORPORATES NUMBER. I TALK TO ERICA AND SHE WANTS ME FORWARD

Asked on June 16, 2009 under Personal Injury, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a California lawyer, so I don't know if the law in your state requires child-safe shopping carts in department stores.  If there is a law like that, it's unusual.  If your child was actually hurt in a fall from one of their carts, you might be able to sue for negligence. This would probably be a complicated case, though, and you should have a qualified attorney in your area review all the facts, for advice you can rely on.  One place to find a lawyer is our website, http://attorneypages.com

One of the fairly obvious problems with a negligence case like this is that the department store will argue that you used the cart in a way that was negligent on your part, and that might well reduce or completely prevent your recovery.


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