[TX] My daughter injured her foot at a clothing store, and they are offering $1,000 in settlement. Is that enough?
My 7-year-old daughter sustained an injury at a clothing store. The nail of a security tag got lodged into her foot. They are offering $1,000.00 before looking at pictures. Is that enough?
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Under Texas premises-liability law, a retail store owes customers (invitees) a duty to keep the premises reasonably safe. To recover, you must show:
- A dangerous condition existed (the loose security-tag nail)
- The store knew or should have known about it
- The store failed to correct or warn
- The condition caused the injury
(Albertsons, LLC v. Mohammadi)
Your photographs, description of a dirty fitting room, limited room availability, and loose object on the floor support constructive notice—meaning the store should have discovered and removed it.
Texas allows recovery beyond medical bills, including:
- Pain and suffering
- Mental anguish
- Physical impairment
- Physical disfigurement (scarring)
Parents may recover medical expenses; children recover pain and scarring damages.
A puncture wound causing limping for more than a day, especially with potential permanent scarring on a child’s heel, typically settles in the $3,000–$6,000 range, even without ER treatment. Small permanent scars on visible areas may add $1,500–$3,000.
Because no doctor visit occurred, the value is somewhat limited. Medical documentation would have helped establish scarring and pain. Continue photographing the injury. If a scar remains after several months, a doctor can document permanence.
The statute of limitations in Texas is two years, but for minors it is tolled until age 18. Claims are usually pursued earlier to preserve evidence. (TX Civ Prac & Rem Code § 16.001(1))
Before accepting any offer, send a written demand letter to the store’s risk-management department describing:
- How the injury occurred
- Photos
- Pain duration
- Scarring risk
- A reasonable settlement demand
Texas small-claims court handles claims up to $20,000. A parent files as “next friend” of the child. Court approval is required only for settlements over $10,000 or future medical needs.
Bottom line:
$1,000 is low. Given the facts, the claim is realistically worth around $3,000. Start with a $6,000 demand and negotiate toward $3,000. Do not sign a release yet.
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My 7-year-old daughter sustained an injury at a clothing store. The nail of a security tag got lodged into her foot. They are offering $1,000.00 before looking at pictures. Is that enough?
Lexi, Chatbot
I’m sorry to hear about your daughter’s injury. Can you tell me more about the extent of her injury and if she has received any medical treatment?
No emergency medical attention was needed. She limped the rest of the day. It was 2 hours before her birthday party. She was in so much pain.
Lexi, Chatbot
Have you consulted with a lawyer or sought any legal advice regarding this incident?
No.
Lawyer, Esquire
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your daughter’s injury.
I have pictures. They have already reached out and sent me a settlement offer.
Lawyer, Esquire
Hello. I am Law Educator, and I am pleased to assist you today for educational purposes only. No attorney-client relationship is formed. Responses may take time, and I appreciate your patience.
What type of injury did your daughter suffer?
How long did it take to heal?
Any permanent injury or scarring?
Any medical bills?
How long was she in pain?
Where was the security tag when it lodged in her foot?
Did employees know it was exposed?
She stepped on a long nail security tag that got lodged into her heel.
17 hours later.
Likely scarring.
She was in pain for over 24 hours and limped to avoid pressure on her foot.
No medical bills outside of home care treatment.
The security tag was on the floor of a fitting room.
I am unaware if employees knew, but I notified them. The floor was dirty. Only two dressing rooms were available. One was in use. Ours had been dirty and had other items on the floor.
Lawyer, Esquire
What state are you in?
Texas.
Lawyer, Esquire
Under Texas premises-liability law, a retail store owes customers (invitees) a duty to keep the premises reasonably safe. To recover, you must show:
- A dangerous condition existed (the loose security-tag nail)
- The store knew or should have known about it
- The store failed to correct or warn
- The condition caused the injury
(Albertsons, LLC v. Mohammadi)
Your photographs, description of a dirty fitting room, limited room availability, and loose object on the floor support constructive notice—meaning the store should have discovered and removed it.
Texas allows recovery beyond medical bills, including:
- Pain and suffering
- Mental anguish
- Physical impairment
- Physical disfigurement (scarring)
Parents may recover medical expenses; children recover pain and scarring damages.
A puncture wound causing limping for more than a day, especially with potential permanent scarring on a child’s heel, typically settles in the $3,000–$6,000 range, even without ER treatment. Small permanent scars on visible areas may add $1,500–$3,000.
Because no doctor visit occurred, the value is somewhat limited. Medical documentation would have helped establish scarring and pain. Continue photographing the injury. If a scar remains after several months, a doctor can document permanence.
The statute of limitations in Texas is two years, but for minors it is tolled until age 18. Claims are usually pursued earlier to preserve evidence. (TX Civ Prac & Rem Code § 16.001(1))
Before accepting any offer, send a written demand letter to the store’s risk-management department describing:
- How the injury occurred
- Photos
- Pain duration
- Scarring risk
- A reasonable settlement demand
Texas small-claims court handles claims up to $20,000. A parent files as “next friend” of the child. Court approval is required only for settlements over $10,000 or future medical needs.
Bottom line:
$1,000 is low. Given the facts, the claim is realistically worth around $3,000. Start with a $6,000 demand and negotiate toward $3,000. Do not sign a release yet.
You’re the best. Thank you for your time.
Lawyer, Esquire
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