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

Q: 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... Should I contact an attorney and have them have them write a letter on my behalf? I'm afraid if I write my own letter and send to mall management...they won't take me seriously...and will disregard.... I, the dad, was present and watched him walked up to the urinal...floor was wet, he slipped and SLAMMED his chin on the kids urinal!

A: 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.

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