Slip and Fall 6 year old - No signs posted!?

Question

My six year son..slip and fell in a store,for some reason the mopping of the floors started before the store..

closed and it was just wet all over the place,my son had a pretty hard fall, he fell knees first and landed on his belly,I am so confused to why they were mopping during store hours with no signs up,I kept asking my son is he okay and he said yes,( he is disabled ,so I don't always get feedback)

please tell me what you think,my son cried for about 4 days after the fall,and complained of his side hurting,I felt him for any broken bones..None

(No doctor visit-he hates the doctor).He is himself now,the company has contacted me by email to apologize admitting their fault.

Can I request compensation for pain and suffering? on my 6yrs old behalf?

If so how low and how high of money should I request ?

Thanks Everyone!

1 second ago - 3 days left to answer.

Answer 1

I'll bet that if you reread the letter from the store, that it does not admit fault but only expresses regret that your son was injured.  And before you pursue this further, be sure you can explain why you allowed a disabled child to be on a floor that was "wet all over the place."  You would be asked.

Answer 2

Based on what you have described, the store was negligent as their own employees created the potential hazard and failed to warn.  

However, your son has no injury other than crying.  You have no medical records to support any injury.  You should have taken him to his pediatrician.  It doesn't matter that he hates doctors.  Obviously, you did not feel that he needed medical treatment.  You do not have a claim.  

The store may offer you a gift certificate as a good faith gesture.  Take it.

Answer 3

You should have reported it at the time of the accident. The store most likely has two forms of insurance for this type of loss. Medical Payments and Liability Insurance. Medical Payments covers all medical expenses up to the limit they purchased whether they were at fault or not. Since you didn't report this at the time of the accident and incurred no medical expenses this insurance will probably not apply. For liability insurance you have to prove negligence on the part of the store. Your word against theirs. Again, since you didn't report anything at the time of the accident, this may be difficult to prove. You'll have to hire a lawyer who will get about 1/3 of any settlement. It sounds as though you suffered no economic damages. So you will need to allege pain and suffering on a child who has no lasting affects and who did not see a doctor to corroborate his pain. Bottom line I don't know if you have a very good case here.

Answer 4

The internet is a terrible place to get legal advice. Talk to a real live attorney.

However, I suspect you won't be able to win any monetary compensation, since you cannot prove any physical injury at all. One of the conditions which must be met is provable injury.

Answer 5

First and foremost, did you report it to the store?  Secondly, you should really consult an attorney about this issue.  There are lots of free legal advice forums on the internet who would be able to help you, but this type of question should really be answered by a legal professional.

You might start with www.findlaw.com.  I use them as a resource almost on a weekly basis through my job.

Answer 6

First, please visit a doctor. You don't want your kid suffring from pain.

Yeah, you have to prove 3 things in order to get money.

1. Not able to perform their duty correctly.

2. Negligant in performing thir duty.

3. Kid fell because they couldn't able to perform thie duty.

First talk to Store owner and if they reject to pay money, you can go to attorney.

Answer 7

In order to win a lawsuit you would have to prove damages.  I would have had the store give me a gift card for their neglect.