If you have little kids, you know how fun it can be to take them to visit Santa Claus. Most people take their kids or grandchildren to the mall to do this. It really doesn’t matter what mall you go to, there’s probably a department store Santa there. He’s ready to take pictures with kids and pets. The mall usually has a whole winter setup for Santa and his elves. It’s supposed to be a fun time for all involved. As wonderful as it is for most children to visit Santa, for some kids, it can be a nightmare. If your child is hurt while visiting Santa, it can haunt them for life. Whether Santa drops your child or your kid slips and falls while waiting in line, you may have a claim for damages.
In order to pursue a claim for damages for injuries sustained this holiday, your Houston, Texas personal injury lawyer will have to prove negligence. If they’re able to do this, you may be entitled to damages. It depends on how serious your child’s injuries are and whether or not your attorney can prove fault.
Your Houston Injury Attorney Has to Prove Negligence
In order to have a successful claim against the store that sponsored the Santa Claus, your Houston injury attorney will have to prove negligence. Basically, you need to show that management didn’t do what they should have to make sure their customers and guests who were visiting Santa were safe.
In order to prove negligence, your Houston personal injury attorney needs to show the following four (4) things:
- The defendant owed you a duty of care – By inviting people into the mall to let their child visit Santa Claus, the mall opens themselves up to liability. This is what cements their duty of care.
- They breached this duty – If your lawyer can show that Santa’s workshop was dangerous, you will have proven breach.
- You were injured – Your child has to be injured in order to sue. Very rarely will a claim that your child is now traumatized by Santa work in court.
- The breach caused your injuries – If your child is injured, it would be hard for the defendant to claim that something other than their Santa visit caused their injuries.
Your Houston Personal Injury Lawyer Will Demand Damages
When someone gets hurt while visiting Santa, the mall has to expect them to file a claim. At a minimum, the victim or their parents will file a claim against the mall’s insurance company. And, if the insurance company refuses to pay the claim, you’ll have no choice but to file suit. In your suit, you’re going to demand damages.
Some of these damages will include the following:
- Medical bills – The mall or management company will have to pay any outstanding medical bills caused by your child’s injuries. They may also have to reimburse your primary insurance company for covering your immediate medical care.
- Lost Wages – If you miss time from work in order to take care of your injured child, the defendant should be held liable for that time.
- Pain and Suffering – Nobody wants to think about a child suffering. But if it happens, the defendant needs to be held responsible for that. Your attorney can show the mental and physical anguish your child suffered as a result of their trip to see Santa Claus.
These cases don’t happen all that often. But when they do, it takes a skilled injury lawyer to handle it properly. Our office can do just that.
Contact an Experienced Personal Injury Lawyer if Your Child Was Hurt While Visiting Santa
If your son or daughter is hurt while at Santa’s workshop in the mall, you need help. Call and talk to one of our personal injury lawyers. They’ll review your case and let you know if you have a valid claim against the mall. Or you may have to sue a company that manages the Santas in the malls in Texas.
To get an idea of what your rights are, call a Houston injury law firm and talk to an experienced attorney right away. You only have a certain amount of time to file your claim. Don’t let that window pass you by.
Call and talk to our attorneys. They’ll set up a time for you to come in and meet with them. This way, you can ask any questions you may have about damages or liability. They can also give you an idea of how the legal process will work in your case.