Child injured in mall bathroom..worth the trouble to sue?

Question

My 6 year old son slipped in a just mopped mall bathroom, has gash under chin..and got 4 stitches...

THERE WERE NO "WET FLOOR" SIGNS PRESENT.

I'm sure mall insurance will pay for medical bills....

Is it worth the trouble to sue the mall? If so..realistically how much could one get? I'm not thinking of sueing...but was curious...

Answer 1

are you sure it was just mopped and no one just splashed water??

most likey they will pay for the bills but to me i would not sue i dont why i just wont...maybe someone was on their way to get a sign but anyway you would get lots of money..

Answer 2

A gash and 4 stitches. Hmmm. I think you would have difficulty convincing a jury that a gash and 4 stitches caused permanent and lasting harm to your son. Lawsuits for pain and suffering have the burden of proving that the victim is going to suffer for more than just a couple of days.

Here's another thought. If your son was in the restroom with one of his parents, the court is going to want to know why the parent was not diligent in making certain the bathroom was safe. They're going to say that if a parent was present, it was the duty of the parent to be aware of hazards, and that a reasonable person would be aware that public bathroom floors are often wet whether from mopping, leaks, spilled water, or other sources.

You can sue, certainly. But the burden of proving lasting harm is on you. You could get a verdict awarding a lot, it could be appealed, and you could end up with nothing. Or you could end up with a small amount, out of which your lawyer will get 30 to 35% off the top.

I fell and gashed my chin when I was 6 and had to have stitches. There's no lasting damage to my chin or my psyche from it. Kids fall. Accidents happen. Public floors are wet. Sometimes it's just a lot cheaper and more realistic to say, "Yeah, that's life, and he's okay, now let's forget it" and move on.

Answer 3

why bother

Answer 4

No, you dont have to sue. Once you send your claim to the malls insurance/claims department they will call you and try to get you to settle on an amount just to keep it out of court.You want the amount to be  the amount of the med bills,your time off from work and I am sure pain and suffering.

Answer 5

sue

Answer 6

$$$ sue