What to do if a store”s display is dangerous?

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What to do if a store”s display is dangerous?

My daughter was injured when she pulled on a bungee cord hanging from its display rod. The top hook slipped off and struck her on top of her head. There was a lot of blood, so the store called an ambulance. The injury turned out to be minor – no stitches or ambulance ride to the hospital. She saw her pediatrician the following morning to make sure the injury was not serious. The store’s claim adjuster “determined that there was no defective or hazardous condition present”, so they will not pay the doctor bill. There seems to be injury potential in that display. Is the store at fault at all?

Asked on June 19, 2012 under Personal Injury, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no way to say from what you write whether or not the store was at fault, since that is a very fact-specific and fact-intensive inquiry. The issue is whether or not, under all  the facts, the store was negligent--that means, would the hypothetical "reasonable person" conclude that the display was unreasonably dangerous? If so, the store might be liable.


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