My son injured his thumb on a outdated shopping cart.

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My son injured his thumb on a outdated shopping cart.

while shopping for fireworks my son climbed under the basket of an outdated shopping cart he smashed his thumb. the injury required 7 stitches and his thumb nail may never grow back. Is this ground for suing the fire wok stand?

Asked on July 2, 2009 under Personal Injury, Missouri

Answers:

R.S.T., Member, NY Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

To collect on any personal injury lawsuit, the plaintiff (you) will have to prove 4 things: 1) that there was a duty to keep the shopping carts safe (did they belong to the fire work stand or to someone else who was maintaining them); 2) was there a breach of that duty (did they do something wrong; 3) did that "wrong" directly cause your son's accident; and 4) did that accident result in real damages (it sounds like it did).  So, I'd get a lawyer and the lawyer will do some research and sue all potential parties. And then you'll move on from there.

R.S.T., Member, NY Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

To collect on any personal injury lawsuit, the plaintiff (you) will have to prove 4 things: 1) that there was a duty to keep the shopping carts safe (did they belong to the fire work stand or to someone else who was maintaining them); 2) was there a breach of that duty (did they do something wrong; 3) did that "wrong" directly cause your son's accident; and 4) did that accident result in real damages (it sounds like it did).  So, I'd get a lawyer and the lawyer will do some research and sue all potential parties. And then you'll move on from there.


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