need help, do I have a case?

Status
Not open for further replies.

ke6425

New Member
I was at the mall with my 3 year old daughter and friend and her 3 y.o son. we walked out of a store and the kids ran back to the wishing well we were at before- there are 4 steps you go up and then a railing and you look over. my daughter dropped her stickers and leaned over-my friend and I were a few steps away and i ran but not quick enough. my daughter went over the railing and head first into water and hit her head on a rusty box- she has a laceration and 2 black eyes. she was taken by ambulance. I was told i should contact a lawyer but i am just not sure if i should since i was a few steps away from here?
 
Are you inquiring because you may have an opportunity to collect a little extra cash for Christmas coming up or because you are worried about the possible long-term harm your daughter might suffer? I haven't heard if you would like to collect because you incurred expenses or if you want something for emotional distress.

This is not a legal opinion but a case or a defense could be made that you failed to exercise due diligence and protect your daughter. For one thing with child abduction always a concern. A mom or dad turn their back for an instant and when they look again their child is gone, it happens that fast.

You have voiced the same concern, in so many words, that you were close by and failed to reach her in time so I think you feel some guilt or part in what happened.

It seems like what is legal and what is moral don't always mesh. If you find yourself at fault for not being in control of the situation then it doesn't seem quite fair to make a claim of negligence on the part of the mall you were visiting. There is the theory of "attractive nuisance" but that is part of a parent's responsibility because they know their child and might be able to anticipate what is going to be an attractive nuisance to their child.

I don't know the legal answer. And only you can decide if you yourself are responsible and not the mall.
 
First if all, make sure the child suffers no lasting injuries or impairments. Once you have a handle on her health, speak with an attorney.

This isn't about what you did or possibly failed to do. Your child was injured. She might have been killed. Let's hope she gets better real soon.

But, just in case something goes horribly awry, speak with a lawyer about your options. What you do could save the life of someone else's child.
 
Status
Not open for further replies.
Back
Top