Overview

Oatley Vigmond represented a four-year-old boy who sustained a catastrophic traumatic brain injury after falling into a display at a dollar store. The case settled shortly before trial for more than $5,400,000, providing compensation to support the child’s lifelong care needs and future financial security.

Key Takeaways

  • Settlement amount: More than $5,400,000
  • Accident type: Premises liability accident at a retail store
  • Primary injury: Traumatic brain injury
  • Additional injuries: Penetrating skull injury requiring removal of a portion of the brain
  • Resolution method: Settlement shortly before trial
  • Notable legal issues: Improperly designed display spike positioned at a child’s eye level
  • Medical treatment: Surgical removal of a portion of the brain; ongoing treatment providers and caregivers required
  • Long-term impact: Permanent impairments affecting behaviour, memory, mood, and reasoning; requires lifelong supervision

The Case

Our client was a happy and healthy four-year-old boy when he tripped and fell into a product display at a dollar store. The display used an improperly designed spike to hold merchandise, and the spike had been positioned at eye level for a child. The spike penetrated the boy’s skull, causing a catastrophic brain injury.

The severity of the injury required doctors to remove a portion of his brain. As a result, the child was left with permanent impairments affecting his behaviour, memory, mood, and ability to reason. He also requires supervision for the rest of his life to protect both himself and those around him.

The case was resolved shortly before trial for more than $5,400,000. The settlement provides financial support to help replace the income the child would have been expected to earn if he had not been injured, while also funding the treatment providers and caregivers he will require throughout his lifetime.

Why It Matters

This case demonstrates how unsafe conditions in a retail environment can have life-altering consequences, particularly for young children. It highlights the importance of identifying and addressing hazards that may place customers at risk.

The settlement recognizes the lifelong impact of a catastrophic childhood brain injury. It provides financial resources to support the child’s ongoing care, treatment, supervision, and future needs.