what would you do?

[BigDaddyRog]

Ya know...Phyllis makes a very valid point....luckily Annalise wasnt too terribly injured (though there is no GOOD injury)...but what if it HAD been worse? What if there WERE broken bones involved,or an eye were put out? Just because she was lucky in this accident doesnt mean that some form of action shouldnt be taken. Maybe you should call a lawyer...just for the advice, then decide what further actions to take.


JIM...the lengths you will go through to protect the children of your area are heroic. OR the lengths you will go through for a free ice cream are psychotic!!!

 

[ftwildernessguy]

Ya know...Phyllis makes a very valid point....luckily Annalise wasnt too terribly injured (though there is no GOOD injury)...but what if it HAD been worse? What if there WERE broken bones involved,or an eye were put out? Just because she was lucky in this accident doesnt mean that some form of action shouldnt be taken. Maybe you should call a lawyer...just for the advice, then decide what further actions to take.


JIM...the lengths you will go through to protect the children of your area are heroic. OR the lengths you will go through for a free ice cream are psychotic!!!

Actually, it just sounded like a really great way to get a free sundae.

 

[Just Beachy]

Geez, Jim. All that for free ice cream. I hate to think what you'd do for free beer!!!

 

[ftwildernessguy]

Geez, Jim. All that for free ice cream. I hate to think what you'd do for free beer!!!

You don't wanna go there.

 

[tellnotails]

 

[ntsammy5]

I don't have an opinion on this one------

 

[AuburnJen92]

Like I said I don't want to sue anybody! I was thinking more along the lines of writing the owner a letter!

I was thinking maybe DD should write the letter, would make a better impact on the owner....

 

[stacktester]

Geez, Jim. All that for free ice cream. I hate to think what you'd do for free beer!!!

What, are you kidding, I keel you for a klondike bar.

 

[AuburnJen92]

What, are you kidding, I keel you for a klondike bar.

oh, there is just so much i can say here, but this is a family forum....

 

[PolynesianPixie]

I was thinking maybe DD should write the letter, would make a better impact on the owner....

Oooo! You're good!



Now I want beer and a klondike bar

 

[MaumeeMom]

Ouch...granite counter top ..gash across her chest. Oh..that hurts. Imagine if it had knocked her teeth out..you wouldn't be thinking twice about writing a letter. I'd also get her to the pediatrician..and have him check her out. Then take the photos, and send a bill to the store for your co-pay. I'd also let them know they need to repair the counter so as to avoid any further injury to another child...since now they are surely aware of the hazzard.

Let them know you plan to send your own inspector to the store..Then..give Jim the address...

This is close to what I was going to type - well the first part anyways.

At the very least, be sure to document the injuries and send those with a letter. A child isn't strong enough and doesn't weigh enough to cause damage unless the counter was not installed properly.

This could have been much worse. At the least the store manager should have filled out an incident report. A good manager would then follow up with a call to make sure that the child is feeling better and to apologize once again for the injury.

I hope you daughter is feeling better soon. Good luck with this situation.

 

[ftwildernessguy]

I am meeting with Al in an undisclosed location to plan a commando raid on this commie run business. Ben and Jerry have split their last banana.

 

[disney92]

I am so sorry this happened. I hope your daughter is feeling OK today.

 

[PolynesianPixie]

I am meeting with Al in an undisclosed location to plan a commando raid on this commie run business. Ben and Jerry have split their last banana.

Rofl! I'd pay to see that!

Well Annalise is seeing the doc tomorrow. I took some pictures and she
and I are writing a letter. I
plan to go to B & J
`s tomorrow just to see if
they've fixed the counter. If we can encourage the owners to make the place safer then I will consider this a big win. I do think Annalise should get more coupons though.
It hurts just to look at her! Maybe she`ll feel better knowing she helped make it better for other kids. Humph...I think she's taking it better than I am.

 

[stacktester]

Slip and fall.........call Morgan and Morgan. Or in Jacksonville it's Eddie Farah lol. He spends about 10 million a year just on advertising. Crook.

 

[VACAMPER]

Ami, it would be hard not to take it badly...that mama bear comes out in all of us when our babies are hurt. I would definately raise enough ruckus to make sure the counter is fixed properly. If they fix the counter and Annalise is ok, then you probably saved another child from being seriously injured.

Now Jim, how do I get in on this raid? You guys fight while I steal the ice cream...im going for the mint choc. chip first.

 

[motofamily]

My best friends Dad is a personal injury lawyer and I know the first thing he would say would be to say nothing until you go to the doctor you would be amazed at how many people have broken bones or internal injuries and never know it. What if she bruised her kidneys and it caused some crazy thing. I personally do not agree with alot of the phony claims out there in this world and as a business owner I know that in VA alot of malls and shopping areas require liability insurance to cover situations like this and then he and his insurance company should offer up to atleast pay for any dr bills or in certain situations they should offer up a bit more than free coupons. Also did they say who installed the counter tops? Granite installers should know that all stone type counter tops have to be cantilevered (spelling ?) which means that if the top overhangs an area it has to be supported properly " I also own a decorative concrete company we have checked into making concrete counter tops and table tops" and this is one section they stress about "properly" building the frame that holds up the stone type top.

So in my opinion I would first take her to the doctor and make sure she is OK and if she is great, then I would go by the shop and see if they have had the counter top fixed. if they have then i would say something about who you are and show them the doctor bill most people would at least offer to pay for the doctor bill out of a good faith judgement this is up to you to decide if this is good enough for you and your family if she is not ok remember that 9 times out of 10 there insurance is who you are going to sue not them and if you are like me my kids are priceless now keep in mind I know of a case where a cook put glass in customers salad at a restaurant and that settled out of court for 3mil your case is not deliberate and accidents do happen so it is up to you as to what you would do. Remember dont sign anything if they try to get you to sign something then they might have something to hide and in that case i would call an attorney.

I don't know what I would do if I was in your situation but I do know I would keep my eyes and ears open. My friends Dad is ALWAYS listening.

 

[Gatordad]

I did a little investigative work today and went to the mall (since I didn't have anything better to do on my day off) and visited the Ben and Jerry's. I recreated the scene by leaning on the counter - nothing. So I jumped up on the counter and began jumping up and down on it, waving my arms about. The manager came out and said "Hey freak - get offa the counter!" The mall cops came and took me away and I didn't even get a free sundae. I don't really know what I hoped to prove, but the hearing is next week.

better call Ram 101....

 

[DaveInTN]

This could have been much worse. At the least the store manager should have filled out an incident report. A good manager would then follow up with a call to make sure that the child is feeling better and to apologize once again for the injury.

This is an important point. It's possible that the employees working when it happened were not trained properly on what to do in case of an incident. Did they even take your phone number for follow up? My DD9 was injured in a furniture store when she was 3. She was running and tripped into a coffee table, badly cutting her face just above the eye. It required a trip to the emergency room for stiches, but before we left the store an employee collected some personal information from us, and the manager called the next day to see what he could do. Now, obviously our situation was different...we were responsible for our daughter running. The store was not at fault at all in my opinion. I mean, who wouldn't expect a coffee table to be sitting in the middle of a furniture store? But they filled out an incident report, and the manager's follow up and appearance of concern made us feel good about the place. I didn't seek compensation for our copay, and we continued to shop there.

In your situation, it sounds like the blame for the incident is squarely on someone other than you guys. If the employees did not fill out a report and get your contact information, it's possible the manager or owner has no way to contact you for follow up. Even if the injuries aren't serious, and we all pray that's the case, a dialogue with the store owner or manager is a good thing. You want to know that he/she takes the situation seriously and will properly fix the counter so it never happens again. Even without any compensation, when you child is hurt it helps to know that someone has taken it seriously and is not just blowing it off. Talk to them, and you'll then have a clearer feeling of what direction you want to take this.

 

[2goofycampers]

I'd take the case to Judge Judy and let her decide.