Can I sue Walmart for a table falling on my son?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sue Walmart for a table falling on my son?

A table stand fell on my son 3/24/18 n it bruised
his face, black eye, cut inside his mouth where
he cant eat properly, n a busted lip

Asked on March 25, 2018 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) The store is only potentially liable IF you can show that the store was unreasonably careless in some way--such as by not setting up the stand properly, which is why it fell. If the store did nothing wrong--if, say, the stand feel because your son hit or bumped it, or someone else knocked into it--they are not liable. Liability depends on fault.
2) Even if the store is liable, you can only recover an amount equal to your out-of-pocket  (not paid by insurance) medical costs, and for injuries which cause a *significant* life impairment or disability lasting many weeks or more, some amount for pain and suffering. For the injuries you describe, none of which are long lasting or permanent and which do not seem to "signifiantly" impair life, the amount of money you could recover would be very small--possibly less than the cost of the lawsuit (given that to recover for personal injuries, you almost always have to hire a doctor or other medical expert to testify about the cause, severity, impact, and prognosis of the injuries).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption