What to do if a store that I went into with my toddler had an open container which contained 68.5% of alcohol and she consumed some of the liquid?

UPDATED: May 25, 2012

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What to do if a store that I went into with my toddler had an open container which contained 68.5% of alcohol and she consumed some of the liquid?

When we walk into the store to get a basket they have a container of sani hands wipes in the front of the store by the basket on that day of the incident the container had no wipes just the alcohol and when I went to get a basket my 3 year old daughter got a hold of the open container and drunk some of the alcohol. I talked to the assistant manager and she gave me the number to poison control, I contacted them and them told me to get her a cookie and a soda. The assistant manager wrote a incident report and then I took her to the emergency room to get checked out as well.

Asked on May 25, 2012 under Personal Injury, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If--hopefully--your child was uninjured and you did not incur significant medical expenses, there is nothing to sue for: the legal system only provides compensation for actual injuries or costs, so in the absence of such, there is effectively no legal action to take.

Even if your child were injured, it's not clear that you would have a viable case:

1) You'd have to prove the store was negligent, or unreasaonbly careless. If the wipes had only recently been used up and no one had reported that to the store, it might not be negligent that they had not removed or replaced the container.

2) Also, if you were negligent--e.g. not watching your toddler as closely as you should have--your own negligence would reduce whatever you could recover in a lawsuit.

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.

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