Child hurt at wal mart

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eptkjones

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My jurisdiction is: Kansas

My wife, 3 year old, and I were recently at our wal mart in the outdoor lawn and garden area. Wal mart had a large pot hole that they had placed a cement filled construction cone in with the hole much larger than the base of the cone. My child slipped on the edge of the hole causing him to fall into the cone, which in turn tipped over taking him to the ground with it. My child's hand was underneath the cone and the cone crushed his finger requiring emergency surgery by a hand specialist. His finger had to be reconstructed needing a total of over 70 stitches to repair. wal mart stated that the cone weighed over 100 pounds and couldn't understand how it fell over. My brother in law owns construction company and he said the cone they used was known to tip over that's why it had a large rubber ring at the bottom to keeo it stable. Wal mart did not have this ring on there cone. My question is should i wait to see what they offer for damages or should i hire a lawyer. Still do not know full extent of damage to childs finger looks awefully deformed this early in the game and plastic surgeon stated only time would tell. I have enclosed photo of cone and one later in the day where they had removed cone and replaced with a trash can. Thank you for your time.
 
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