How liable am I?

Summary:

If a child gets hurt due to it's own misbehaviour while at your store can you still be sued?

How liable am I?

Diana (guest) 26 Jun 2009 03:37

There are times when a customer comes in with a child that just will not listen. This kid will be pulling things down from the shelf or tugging on low-hanging items. Sometimes the parents don't even try to control the behaviour. So you can have a kid running wild in your store and it seems like an accident just waiting to happen. Could I get sued if it does? Will my insurance company step up to the plate?

Re: How liable am I?

Heather1 27 Jun 2009 19:34

Diana, that is a really good question. The insurance answer is that you are liable.

How liable are you? You do have a duty to protect people while in your store. Your highest duty is to protect children from harm. What was the parent's responsibility for protecting their child? A judge may determine part of the liability is shared in the situation with a badly behaved child and an indifferent parent.

It is likely that in this situation your insurance company lawyer(s) and the lawyer(s) for the injured child would reach a settlement before this claim went to court. Your insurance will pay out up to the limit of the liability you have purchased.