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Sue for personal.injury



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amother
Papaya


 

Post Tue, Feb 05 2019, 3:42 pm
Did anyone do this? O do t know if I even have a case. A table somehow tipped on to my daughters foot. She broker her toes in five places and may need therapy to help her walk again. I spoke to her place I bought it from, q higku recommended furniture store and they told e to sure the company. It was shabbos so no pix I have extays from hospital.
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Cheiny




 
 
    
 

Post Tue, Feb 05 2019, 3:45 pm
amother wrote:
Did anyone do this? O do t know if I even have a case. A table somehow tipped on to my daughters foot. She broker her toes in five places and may need therapy to help her walk again. I spoke to her place I bought it from, q higku recommended furniture store and they told e to sure the company. It was shabbos so no pix I have extays from hospital.

Why did the table tip? Was it not sitting level on the floor? Did someone push it?
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amother
Lawngreen


 

Post Tue, Feb 05 2019, 3:46 pm
Have you made a claim with your home insurance?
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amother
Papaya


 

Post Tue, Feb 05 2019, 3:46 pm
No idea. Nobody was leaning on it. It was a pedestal glass table. She went take her cup and the whole table fell sideways on to her foot. The pedestal flew up and was on its side. I had it doesn't almost two years and never had an issue. It was flat on the floor. My kids had just eaten on it and it was fine.
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amother
Papaya


 

Post Tue, Feb 05 2019, 3:47 pm
amother wrote:
Have you made a claim with your home insurance?


Did nothing yet. Just taking care of DD.
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thunderstorm




 
 
    
 

Post Tue, Feb 05 2019, 3:57 pm
Refuah Shelaimah . I settled with a company after I got injured at a "place" and needed surgery and years of physical therapy etc. . So the insurance of the place was sued. (This was 25 years ago that I got injured and only saw the money 16 years ago. It took years to reach a settlement and for a lot less than I was initially told I'd receive . I have permanent damage.
In your case it's different as it happened at your home by a particular item.
I would recommend contacting a personal injury attorney for a consultation which is free of charge so that you know if you have a chance of winning a case. Good Luck. P.S. I was a teenager and found the legal process very traumatizing (especially the deposition)
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nchr




 
 
    
 

Post Tue, Feb 05 2019, 3:58 pm
I can recommend an attorney to you if you PM me. He'll be honest and tell you if you have a case. He's very experienced.
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amother
Wheat


 

Post Tue, Feb 05 2019, 4:08 pm
Your daughter got hurt by your table in your home while you were using an inanimate item? Who would be to blame?
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amother
Rose


 

Post Tue, Feb 05 2019, 4:09 pm
Suing is easier said than done. Often the headache doesnt pay and after spending on all legal fee's, you might not end up getting a lot. There are a million nuances that you'll be asked. How did the table fall? Was it on a flat surface? Did it happen at home? Did it happen before already? Did she lean hard on the table? Was the table assembled correctly?
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amother
Papaya


 

Post Tue, Feb 05 2019, 4:13 pm
amother wrote:
Your daughter got hurt by your table in your home while you were using an inanimate item? Who would be to blame?


I am not looking to blame someone. After speaking to the place I bought it to tell them what happened and if they were selling it still to warn ppl, they told me based on the story they would Sue so I came on here to ask if anyone here did it. Nobody was by the room when it happened. She went to get her cup and the entire table flipped. She wasn't leaning on it and even if she possibly let could have been the table should be stronger than a 28 pound little.kid. she didn't jump.kn it or anything like that.
I don't need your snide comments. If u can't answer please move on.
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amother
Papaya


 

Post Tue, Feb 05 2019, 4:14 pm
amother wrote:
Suing is easier said than done. Often the headache doesnt pay and after spending on all legal fee's, you might not end up getting a lot. There are a million nuances that you'll be asked. How did the table fall? Was it on a flat surface? Did it happen at home? Did it happen before already? Did she lean hard on the table? Was the table assembled correctly?


I know. And I don't know if I will even try. I just wanted to know if anyone has don't this before. I wasn't looking for that when I called the place o bought it....
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amother
Rose


 

Post Tue, Feb 05 2019, 4:28 pm
OP, I have a glass table and every time one of my kids, even the little ones lean on it the entire tabletop tips over. I realized that one of the suction holders needed to be replaced.
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amother
Papaya


 

Post Tue, Feb 05 2019, 4:31 pm
amother wrote:
OP, I have a glass table and every time one of my kids, even the little ones lean on it the entire tabletop tips over. I realized that one of the suction holders needed to be replaced.

I never had it tip even a bit. This was a surprise. It was super strong almost that we couldn't move it if we wanted it to.....
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SixOfWands




 
 
    
 

Post Tue, Feb 05 2019, 4:36 pm
amother wrote:
Suing is easier said than done. Often the headache doesnt pay and after spending on all legal fee's, you might not end up getting a lot. There are a million nuances that you'll be asked. How did the table fall? Was it on a flat surface? Did it happen at home? Did it happen before already? Did she lean hard on the table? Was the table assembled correctly?


Personal injury cases are generally done on a contingent fee basis, so that OP won't spend anything unless she wins.

OP, my suggestion is that you contact a good personal injury attorney, and discuss the matter with him or her. The question is probably going to be whether the table tipped as a result of a design defect, as opposed to because of damage or improper use (child pulling on table, for example, or improper construction). A personal injury attorney should be able to give you guidance on that, and would probably have an engineer look at the table.

Most importantly, OP, (1) refuah shleima to your child; (2) see if there is an issue with the table, lest another child be hurt.
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amother
Jetblack


 

Post Tue, Feb 05 2019, 5:57 pm
Are you sure it was stable when she approached it? You mention that your other kids had just eaten on it. It's possible that one of them destabilized it without realizing. Refuah shelaima Sad
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amother
Papaya


 

Post Tue, Feb 05 2019, 5:59 pm
amother wrote:
Are you sure it was stable when she approached it? You mention that your other kids had just eaten on it. It's possible that one of them destabilized it without realizing. Refuah shelaima Sad


It was definitely stable. No question about it.
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imasinger




 
 
    
 

Post Tue, Feb 05 2019, 8:54 pm
SixOfWands wrote:
Personal injury cases are generally done on a contingent fee basis, so that OP won't spend anything unless she wins.

OP, my suggestion is that you contact a good personal injury attorney, and discuss the matter with him or her. The question is probably going to be whether the table tipped as a result of a design defect, as opposed to because of damage or improper use (child pulling on table, for example, or improper construction). A personal injury attorney should be able to give you guidance on that, and would probably have an engineer look at the table.

Most importantly, OP, (1) refuah shleima to your child; (2) see if there is an issue with the table, lest another child be hurt.


This. Great advice, every word. Refuah sheleima to your DD.
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amother
Wheat


 

Post Tue, Feb 05 2019, 9:45 pm
amother wrote:
I am not looking to blame someone. After speaking to the place I bought it to tell them what happened and if they were selling it still to warn ppl, they told me based on the story they would Sue so I came on here to ask if anyone here did it. Nobody was by the room when it happened. She went to get her cup and the entire table flipped. She wasn't leaning on it and even if she possibly let could have been the table should be stronger than a 28 pound little.kid. she didn't jump.kn it or anything like that.
I don't need your snide comments. If u can't answer please move on.


I was being a voice of reason. What you’re describing leaves that the only conclusion of what happened is that the table magically threw itself on your daughters foot. No one was touching it, etc. How is this in the least bit reasonable? Of course you could sue, that doesn’t mean you should.
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