QUESTION

What can I do if was injured in Best Buy sliding door?

Asked on Jun 02nd, 2013 on Personal Injury - Iowa
More details to this question:
My daughter (5 years old) got her arm stuck between the sliding door and the other glass door. She got minor bruises. There was an incident report at Best Buy store. My daughter was terrified. I put ice on it. I went away but she kept complaining. Two days later, I took her to the doctor. She ordered x-rays. They came back clear. She is ok now but she is afraid of all sliding doors. Best Buy Corporation keeps calling me to see "how my daughter is doing." This incident happened the day before mother's day, Saturday. What should I do?
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10 ANSWERS

Ronald A. Steinberg
Well, in my opinion, as long as the door itself was not malfunctioning,there is no case. To prove a premises liability case, in most jurisdictions, the claimant must prove 1) that there was a specific defect of the property, and 2) that the property owner knew or reasonably should have known about it in advance so as to have an opportunity to fix it before the accident, and 3) that the property owner neither fixed it nor warned of its existence, and 4) that the victim could not discover the defect on their own, and 5) that the defect caused the claimed harm. If you cannot prove all of those things, then you probably do not have a case.
Answered on Jun 06th, 2013 at 2:34 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Probably nothing for now. I can't tell if Best Buy would be liable. You would have to show that they are negligent in some way. If there is no defect in the way the door works, or the store did not somehow close the door on her, they may not be liable. More importantly, it doesn't appear that you have any real damages, except perhaps the medical bill. I would wait and see if your child's fear of sliding doors goes away. If it does, then perhaps you could ask that they pay your medical bills. If it doesn't go away, you may wish to consult a child psychiatrist to determine if the child needs any treatment for a mental injury (PSTD or anxiety). If the child has no diagnosable mental injury, then I still believ and damages are too insignificant to justify a lawuit.
Answered on Jun 06th, 2013 at 2:34 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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How about asking Best Buy to pay the doctor bill and then get on with your life.
Answered on Jun 05th, 2013 at 11:37 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Thank goodness there was no permanent damage. Get an attorney and negotiate a reasonable settlement that covers the medical plus.
Answered on Jun 05th, 2013 at 11:33 PM

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James Eugene Hasser
I'm not real clear what happened, but if there was a malfunction of the door and management knew or should have known about it and failed to guard, repair or warn against it, there could be some liability. The question is what would it be worth, since it appears the injuries are minor at best.
Answered on Jun 04th, 2013 at 12:26 PM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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This would be considered minor given that she only suffered bruising and no broken bones. You have 14 years left to bring a lawsuit, so there is no reason to rush into anything. Your detail does not describe how it happened. Best Buy will likely pay any medical expenses incurred and if they are insured, their carrier's med-pay provision will pay expenses regardless of fault. You can also ask for compensation for the emotional trauma she has endured.
Answered on Jun 04th, 2013 at 12:26 PM

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Thomas Edward Gates
Have them pay for your medical expenses and request small sum for damages.
Answered on Jun 04th, 2013 at 12:26 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Since there is no major damage, there really is no basis for a lawsuit. You might ask the store for a $100 gift card.
Answered on Jun 04th, 2013 at 12:25 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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You should get any appropriate medical care for your daughter. You can tell BB that she is still having some problems and treating and that you'll get back with them after her treatment is done. They may pay any uninsured medical bills if you ask them to, of course you'll need to send them the bills/receipts. You should not sign any Release for a "med pay" payment. They may also be willing to pay pain and suffering money, but the amount is always a function of how badly someone is injured. Thus, your daughter's doctors would have to indicate what her injuries were and whether she was better or would have some longer term problems. You can wait to see how she does as the Statute of Limitations is 3 years for any losses you suffered and until her 19th birthday for her losses. Since any settlement money is for the injured person, excepting any payment for any out of pocket expenses you suffered, you would put it in a protected account for the benefit of your daughter. You can get a free consultation from any Michigan personal injury lawyer to explore this in further detail.
Answered on Jun 04th, 2013 at 12:23 PM

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There isn't enough of an injury to make this economically feasible.
Answered on Jun 04th, 2013 at 12:21 PM

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