[farrahdeville]

My little 3 year old daughter, cut her hand in a grocery store on a basket, she was standing in front of me pushing, I reached in a coller to pick up something, and her skin got caught in the handle. Picture this, you are pushing a basket from the front, the plactis part on the handle turns around, but it shouldn.t, well her skin was pulled of pretty deep, about 1 inch of it. She cried like the baby she is. The manager was notified, and he was not sypathetic at all, he was like well it was just a pinch, she'll be okay, welll I took her to the emergency room , and was told to keep it clean and apply neosporin, well should I sue. I definitely will contact home office Monday mornirg. My lilttle girl can only use 1 hand and she constantly complains of the pain...

[NowWhat]

Did this just happen? Her hand probably does still hurt if so.

If the manager had been nicer about it - would you be asking about sueing?

Personally I don't think you should sue. Call the store, make a complaint - let them know how you felt you were treated. But sueing? I think that is extreme.

[excon]

Hello f:

If the store doesn't satisfy you, I'd sue in small claims court for pain and suffering. Make sure that your daughter is filing the lawsuit, not you.

excon

[ScottGem]

Well its hard to tell whether there is an issue where the basket was not maintained properly or this was just a freak accident. Unless you can prove the store was negligent in not fixing a problem with the basket, you have no case.

You should pursue the store about covering your medical expenses and the manager's attitude, but not more than that.

[Fr_Chuck]

You take your ER bill to the store and ask them to pay it, or supply you the name and contact info of their insurance department.

[JudyKayTee]

You take your ER bill to the store and ask them to pay it, or supply you the name and contact info of thier insurance department.

Right - get a copy of the store's incident report, wait until your daughter is no longer in pain (and you must document the pain, take photos, keep notes), submit all medical bills to the store - which will forward them to the insurance carrier, also ask for a sum for pain and suffering. If they don't comply, file in Small Claims Court as the natural parent and guardian of your daughter. Your burden will be to prove that this was a defect which the store should have seen and recognized. The store's argument will be that X number of people shop every day and this has happened X times, also that your daughter was not properly supervised and/or the cart/basket was never intended to be used/carried by a child - if they even bother to do that.

Good will "usually" causes the store to pay the medical bills and perhaps a gift certificate for a nominal amount.

As far as the Manager - well, his attitude, although unseemly, will not enter into any "settlement." If you appear to be making a claim and/or suing because of his attitude it will hurt your case - your daughter is either injured or not and that is the basis of your claim.

[this8384]

You should ask the store to at least pay a portion of the bill. If they refuse, then I would consider filing in small claims. However, a cut on a hand does not warrant an "emergency" unless the wound needed stitches. From what you've posted as the hospital's instructions, it doesn't sound as if stitches were required.