Walmart sign falls on head of a toddler causing injury

UPDATED: Oct 1, 2022

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Walmart sign falls on head of a toddler causing injury

About 3 weeks ago, while shopping at chain store, I was pushing a cart with toddler grandson on the cart, I stopped at an aisle and suddenly a sign with poles hanging about 8 ft high falls on top of my grandsons head, near the forehead and gives him a bloddy bump and bruise on his head near forhead causing my grandson to scream and cry for a while. There were 3 witness, 1 an employee who rushed to bring ice pack. I then file a report and took my grandson to the emergency room. My concern is that he has not been sleeping well at nights, he wakes up crying and now I’m concerned for his health, I have not gotten a call from anyone from Walmart since the accident, they have failed to call or at least show concern. Can I file a case?

Asked on September 6, 2017 under Personal Injury, Wisconsin


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Prior to filing a lawsuit for negligence against Walmart on behalf of your grandson, it may be possible to settle the case with Walmart's insurance carrier.  Notify the insurance carrier in writing of your grandson's personal injury claim.
When your grandson completes his medical treatment and is released by the doctor, obtain his medical bills and medical reports.  Your grandson's personal injury claim filed with Walmart's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with Walmart's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from Walmart's insurance carrier, reject the settlement offers and file a lawsuit on behalf of your grandson for negligence against Walmart.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your grandson because he is a minor.
If the case is NOT settled, the lawsuit on behalf of your grandson must be filed prior to the expiration of the applicable statute of limitations or your grandson will lose his rights forever in the matter.

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 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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