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Son cut his face on a small door at Osh Cosh

Discussion in 'Small Claims & Municipal Court' started by Polarsub, Nov 30, 2014.

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  1. Polarsub

    Polarsub Law Topic Starter New Member

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    My son was playing with the small kids door at Osh Cosh and the latch of the door cut across his cheekbone. 911 were called and he was taken to hospital and had 5 stitches to his face by the plastic surgeon. The scar seems pretty bad, but obviously its still fresh. My wife has drafted a letter the store headquarters and added all pictures of the event. My question is, what would be a fair cost to ask for compensation? Is it a negotiating process? We want whats fair for our son as he went through a lot of turmoil as he had to be put in a restraint to get his stitches put in. He is 2.5 years of age and will probably have this 1 inch scar for many years.

    Any advice you could give me would be much appreciated.

    Thanks,

    Adrian.
     
  2. cbg

    cbg Super Moderator

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    Has it been legally established that the store has any liability? It's not as simple as, accident happened at Osk Kosh; Osk Kosh is legally liable.
     
  3. Polarsub

    Polarsub Law Topic Starter New Member

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    The latch had a jagged edge, so there was obviously no preventative maintenance checks to the door/latch. The latch should have been smooth
     
  4. army judge

    army judge Super Moderator

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    How do you KNOW that what you saw then is there now?
    People are very clever, very crafty.
    I suggest you focus on getting your son repaired and rehabilitated.
    In the interim, I'd avoid sending any communication to the store.
    I would immediately speak with three or four GOOD, local attorneys.
    I'd choose one, engage him or her on a contingency basis and follow the directions given to me by MY attorney.
    If no attorney wanted to take my case on a contingency, I'd reconcile myself with the fact that I had a poor case.
     
    Last edited: Nov 30, 2014
  5. Betty3

    Betty3 Super Moderator

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    Your main concern should be your son & seeing that he gets the treatment/care he needs. It seems he is. You can talk to a couple of lawyers to see if they believe you have a case & for how much & if it would be worth pursuing.
     
  6. ElleMD

    ElleMD Well-Known Member

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    For a child who has an injury for which he expects to fully recover, I would be shocked if he were entitled to more than the cost of the medical care. That is assuming the store even has any liability at all. This isn't going to be a way to finance his college education if that is what you are thinking.
     
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  7. Betty3

    Betty3 Super Moderator

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    Yep, you most likely will (if you get anything) only get cost of medical care & maybe a small amt. for pain & suffering. Talk to a couple of lawyers as suggested though. You will not hit the lottery though in my opinion.
     
  8. ElleMD

    ElleMD Well-Known Member

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    I would not count on pain and suffering, especially if you are basing that on the "trauma" of doing what they had to do to keep your kid safe while performing medical care.
     
  9. Betty3

    Betty3 Super Moderator

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    Probably not but you never know - they "might" (as I said) get a small amount. The child probably suffered "some" pain/suffering from the injury when it happened.
     
  10. mightymoose

    mightymoose Moderator

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    Seems a little pain and suffering would teach the kid to stop fooling around with things that aren't toys.
     

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