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We went to a Lowe’s store indoor playground and my 4-year old son got hurt (badly) in his head as they kept a hammer with loose head in the table which another older boy was holding and waving when the incident happened. The hammer head slid off the wooden stick while the boy was waving it in the air and directly hit my son as he was sitting next to that boy. We had to go to emergency due to this and my son got stitches. My question is what legal action can I take? If Lowe’s offer compensation for this, how much can I ask for it?
It sounds like you have a strong case for negligence against Lowe’s. Lowe’s has a duty to make sure the playground area is free from any dangerous conditions. By allowing a child to get a hold of a hammer that results in injuries to your son, they have arguably breached their duty.
The true value of his case would be determined by a jury of your peers. There is no limit as to what you can ask for. If Lowe’s makes an offer, the amount will depend on many factors, which include liability and damages. Stores like Lowe’s often will tell you that they are investigating the claim and give you the run around for a few months before claiming they aren’t responsible.
I strongly suggest calling my office for a free consultation and complete analysis of your case. The longer you wait, the more you could be jeopardizing your case. You shouldn’t give any statements or sign any documents without first consulting with an attorney. An experienced attorney can put Lowe’s on notice of your claim, request that they preserve any and all evidence (including video surveillance footage), and assist you with the entire claim. I look forward to hearing from you.
Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only, and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.