Just saw a little girl bust her head open on a Donkey Konga machine (Updated)

[slagcoin]

(Warning: This post gets a little gory.)

I was just at Toys R Us checking to see if my store had given in and started the big sale (it hadn't) when this messed-up thing happen.

I was over in the PS2 isle and a little girl about 6 or 7 years old was running around the gaming area when I heard a loud boom. I then heard this little girl start balling like crazy. After I heard the cashier freaking out, I went over to see this girl with a huge gash in her forehead.

She then started bleeding all over the place. Blood all over her face, her dress, her father who was tending to her, on the floor, on the displays--everywhere. The cashier then tried calling for help on the store line, but her lazy ass associates across the store wouldn't pick up the friggin' phone (even though they could easily hear this kid sobbing). So I jogged over there and yelled to them, "Um, a little girl just busted her head open over here!" They finally responded and called an ambulance and brought over some tissues.

I then asked the cashier what had happened. She told me that this girl was running around, tripped, and nail her head on the Nintendo demo machine. On the machine there are these two really sharp support bars under the display (next time you go to TRU, see for yourself) and she hit one of them. The noise was LOUD; it sounded like she knocked something big over when I heard it.

Well the ambulance and fire department came, examined this blood-drenched girl, and took her away with them . . . Poor kid. I now see I have some blood stains on the bottom of my shoes--I couldn't avoid stepping in it.

I think I smell a lawsuit here. I'm wondering if I should have stayed a while longer in case the cops were to come by to get some witness accounts. I'll ask the people about it when I go there Sunday.

UPDATE (also posted at the end of this forum):

Okay I just got back from my store again and I examined the display.

The bars I spoke of (which are under the cased system and down to the floor) were more like thin metal support plates with the ends of the plates facing outward. The ends of the metal plates were smoothed out and rounded, but still the plates were really thin and good enough for chopping fleshy things.

I had some trouble actually looking at the support bars, however, and this is what would kill TRU in a lawsuit: A Donkey Konga panel specifically made for this display was placed over the the support bars. This panel was not there last night. This display was supposed to be set up with this protective panel in front of the support beams.

This store showed some negligence in not assembling this display entirely. I can assure you if that panel was placed on the display last night this girl would not have cut her head open.

None of the people who were there last night (about 7PM MDT) were there when I visited earlier (about Noon MDT). (This is probably because of their shifts.) I tried asking the cashier there about the situation and he said he hadn't heard about it yet. Maybe I'll find one of the people on Sunday.

[pimp_daddy_smurf]

hahaha, i find it funny. but i was the one who laughing at the 5 yr old who stuck his arm and head up a machine and got it stuck. people were spraying the cheap walmart knockoff of pam spray on his arm and still couldnt get him out so they had to take the machine apart. i stayed at the walmart arcade for 2 hours watching them and the kid even made it out with 2 toys he stashed in his pocket!

[Eastsidecracker]

That wouldnt be right if they sued, not the stores fault, where was the father when she was running around.

That girl wont got to TRU anymore.

[Xevious]

Any pictures?

[Scorch]

Hope she's okay.. definate lawsuit.. Grab Donkey Konga before it's pulled off the shelves!

[jbroush99]

I'm sorry, what was this thread about? I was staring at PDS's sig

[CaseyRyback]

if she was not running around this all would have been avoided.

If they got their medical bills paid for I would say they would be lucky

[Duo_Maxwell]

Geffory the Giraffe will be the catalyst of her future nightmares. Unless there was something or some reason she tripped, I don't see where they could sue, well do so and win anyways. Given the absurd lawsuits we have in our system it wouldn't suprised me if one was filed.

[slagcoin]

That wouldnt be right if they sued, not the stores fault, where was the father when she was running around.

That girl wont got to TRU anymore.

The father was right by her when it happened (I wonder if she maybe tripped because of him somehow).

As for a lawsuit, people will sue over most anything nowadays. I agree that much if this is her and her father's fault. But the Nintendo machine holds some possibility. You should take a look at it next time you go to TRU. The support bars are SHARP. I am not sure how much damage it did to her. Her gash was big and I'm sure it at least exposed a lot of her skull. Looking at the machine I think it may have even cracked her skull open.

[Rig]

Wow. I feel sorry for the kid, but the father should have been watching her better.

[Kaijufan]

TRU should not be sued for that, but Im sure they will be.

[int80h]

This reminds me of about 15 years ago two little boys broke into the Toledo Zoo to go swimming in the Polar Bear exhibit. The polar bears 0wned both of them.

[Nirvanaguy777]

not to be a dick, but it teaches the parent to keep a sharper eye on his kid, teaches the kid not to run around like a hyper moron in a department store, i do feel back for her, hope shes ok

[evilmax17]

Wow. I feel sorry for the kid, but the father should have been watching her better.

yup

[big_squirtle]

Hey I feel sorry for the little girl, I hope shes ok. But as far as a lawsuit, the father should be held accountable. People always trying to shift blame for shit they should have been responsible for in the first place. I hope he has enough sense to tend to his poor daughter rather than lining his pockets. You dont take a kid to a toy store and not stay with her. Sounds like this dad is a tool and deserves a knock in his head. Sorry to rant.

[evilmojo12542]

I hope she is ok I also agree she should have not been running around that is not the stores fault but lack of controll by the father

[FriskyTanuki]

I always see every once in a while that something like this happens to these stupid, hyper kids that can't control themselves. They deserve it.

[big_squirtle]

This reminds me of about 15 years ago two little boys broke into the Toledo Zoo to go swimming in the Polar Bear exhibit. The polar bears 0wned both of them.

Are you sure it was toledo?, I remember the same thing happening in New York about 1987 or so.

[Wshakspear]

Thank god they dont demo the Onimushua sword...

[evilmax17]

I don't even understand how TRU could be sued. Like, is it there fault that they decided to put the machine there? I don't understand it at all. Like, if I fell while walking on the sidewalk, could I sue the Earth?

[Spruce]

A lot of head wounds are pretty superficial. My brother's head has been busted open numerous times and there's always a hell of a lot of blood but he hasn't even gotten so much as a concussion yet...just a few stitches once or twice. Last time I think they just glued 'em up.

[big_squirtle]

Quote: I don't even understand how TRU could be sued. Like, is it there fault that they decided to put the machine there? I don't understand it at all. Like, if I fell while walking on the sidewalk, could I sue the Earth?


No but believe it or not you could sue the location where you fell IE if it was in frint of a home or store. I had jury duty on one of those.

[evilmax17]

No but believe it or not you could sue the location where you fell IE if it was in frint of a home or store. I had jury duty on one of those.

What kind of case do the "victims" have? Like, what fault is it AT ALL of the location?

[big_squirtle]

Ice, or garbage or broken sidewalk lots of bullshit cases happen this way.

[paz9x]

yea since the OP stated the dad was right next to her.
it was a 6 year old. 6 year olds do not stand still, especially in toys r us.
if you cater to kids you better be damn sure you dont have sharp display items at a level that they can hurt themselves on.

how the hell are you gonna have a sharp display at the height that a child can simply walk into it and cut themselves on?

blah. I find it interesting how just about everyone of the previous posters have the, "thats what they get, shoulda been watching their kid better" response.

sharp metal display at head height of a child. genius.

[Trakan]

Hopefully the kid is alright, but TRU is in no way responsible. I wouldn't be surprised if they're sued though. :roll:

[defiance_17]

Smurf, that's hilarious.
Definite lawsuit with this one, though. Yeah, kids shouldn't be running around, and yeah, her dad should have beat her ass for it, but Toys "R" Us is a toy store...meaning it should cater to children. They should expect that kind of crap, and do whatever they can to avoid it.

[camoor]

not to be a dick, but it teaches the parent to keep a sharper eye on his kid, teaches the kid not to run around like a hyper moron in a department store, i do feel back for her, hope shes ok

Guys, guys maybe its not really anyones fault - not TRU, not the father, just one of those things that happens when you have a hyper kid.

IMO that's the problem - the need to assign blame. We're in such a litigious society, the finger pointing starts almost immediately.

Good thing Im gellin like Magellean.

Hope she's ok. Those brain things are tricky.

[big_squirtle]

People sue for any little BS. Look at those fat bastards that tried to sue McDonalds and other Fast foood places. Gimmie a break. Oh Im fat because McDonalds makes delicious food I cant resist, and I kill and eat pepole cause I saw it in a video game. Its all the same crap. See you got me on a rant again.

[big_squirtle]

not to be a dick, but it teaches the parent to keep a sharper eye on his kid, teaches the kid not to run around like a hyper moron in a department store, i do feel back for her, hope shes ok

Guys, guys maybe its not really anyones fault - not TRU, not the father, just one of those things that happens when you have a hyper kid.

IMO that's the problem - the need to assign blame. We're in such a litigious society, the finger pointing starts almost immediately.

Good thing Im gellin like Magellean.

Hope she's ok. Those brain things are tricky.

Hey, maybe your right.....................or maybe its your fault. :lol:

[Strell]

She could have just as easily fallen on a sharp corner of a shelf, would that make TRU responsible?

Kids is kids. They run around and get hurt and eventually they learn.

[camoor]

...Oh Im fat because McDonalds makes delicious food I cant resist...

Mmmmm... Ox ass seasoned with 3% bug parts... aghhhhrrghlggglllssss

[BLarR]

If I were TRU I would file a lawsuit against the girl for ruining all the displays with her blood, and driving away possible customers. Damn idiot, I suppose she can't bathe without knocking herself out with the shampoo bottle either.

[camoor]

not to be a dick, but it teaches the parent to keep a sharper eye on his kid, teaches the kid not to run around like a hyper moron in a department store, i do feel back for her, hope shes ok

Guys, guys maybe its not really anyones fault - not TRU, not the father, just one of those things that happens when you have a hyper kid.

IMO that's the problem - the need to assign blame. We're in such a litigious society, the finger pointing starts almost immediately.

Good thing Im gellin like Magellean.

Hope she's ok. Those brain things are tricky.

Hey, maybe your right.....................or maybe its your fault. :lol:

HAHAHAAAAA. ITS A-ME - WARIO!!!!!

[evilmax17]

not to be a dick, but it teaches the parent to keep a sharper eye on his kid, teaches the kid not to run around like a hyper moron in a department store, i do feel back for her, hope shes ok

Guys, guys maybe its not really anyones fault - not TRU, not the father, just one of those things that happens when you have a hyper kid.

IMO that's the problem - the need to assign blame. We're in such a litigious society, the finger pointing starts almost immediately.

Good thing Im gellin like Magellean.

Hope she's ok. Those brain things are tricky.

Hey, maybe your right.....................or maybe its your fault. :lol:

It's his fault! String him up!

[big_squirtle]

...Oh Im fat because McDonalds makes delicious food I cant resist...

Mmmmm... Ox ass seasoned with 3% bug parts... aghhhhrrghlggglllssss

Dont forget the "it looks like cheese", but doesnt tast like cheese, Cheese.

[Nirvanaguy777]

hey i work with kids so i have a right to blame then when they get hurt, ive seen alot of it, been a camp cousnelor for 7 years, 2 of those being head counselor, kids always run around, you tell em to stop and dam someone gets hurt, fucking morons, sadly they dont learn from there mistakes either.

[camoor]

hey i work with kids so i have a right to blame then when they get hurt, ive seen alot of it, been a camp cousnelor for 7 years, 2 of those being head counselor, kids always run around, you tell em to stop and dam someone gets hurt, shaq-fuing morons, sadly they dont learn from there mistakes either.

best... counselor... evar :wink:

[big_squirtle]

hey i work with kids so i have a right to blame then when they get hurt, ive seen alot of it, been a camp cousnelor for 7 years, 2 of those being head counselor, kids always run around, you tell em to stop and dam someone gets hurt, shaq-fuing morons, sadly they dont learn from there mistakes either.

best... counselor... evar :wink:

best .....Head Conselor :lol: (not sure that sounds right though)

[thegamer4787]

Geoffrey will be the catalyst of her future nightmares.

:rofl:

If I were TRU I would file a lawsuit against the girl for ruining all the displays with her blood, and driving away possible customers. Damn idiot, I suppose she can't bathe without knocking herself out with the shampoo bottle either.

:shock: :rofl:

[illennium]

As a lawyer (not an ambulance chaser), I can tell you that TRU has a basic duty of care to its customers as well as a duty to inspect any equipment that it installs. This could be argued as a product liability claim, in which case the girl can sue anyone along the chain of distribution. If she sues TRU, they can indemnify Nintendo, the distributor of the machine, as well as the manufacturer, whoever that may be. This will no doubt settle.

[evilmax17]

As a lawyer (not an ambulance chaser), I can tell you that TRU has a basic duty of care to its customers as well as a duty to inspect any equipment that it installs. This could be argued as a product liability claim, in which case the girl can sue anyone along the chain of distribution. If she sues TRU, they can indemnify Nintendo, the distributor of the machine, as well as the manufacturer, whoever that may be. This will no doubt settle.

For what though? What is that "duty of care"? Does TRU have to put foam padding on every single hard thing in their store, out of the sheer potential that some idiot can fly into it?

[CaptainObviousXl]

one time i was at a monor basball game and a realy fast foul ball hit this 6 year old girl right in the fase

[Moxio]

Not to sound harsh, and I have the utmost sympathy for the girl, but it is not TRU nor Nintendo's fault for this.

Accidents happen, and this was one of them. IF a lawsuit is filed, I'll be mighty pissed. Parents these days protect their children WAY too much.

[illennium]

As a lawyer (not an ambulance chaser), I can tell you that TRU has a basic duty of care to its customers as well as a duty to inspect any equipment that it installs. This could be argued as a product liability claim, in which case the girl can sue anyone along the chain of distribution. If she sues TRU, they can indemnify Nintendo, the distributor of the machine, as well as the manufacturer, whoever that may be. This will no doubt settle.

For what though? What is that "duty of care"? Does TRU have to put foam padding on every single hard thing in their store, out of the sheer potential that some idiot can fly into it?

Sorry, I meant to say reasonable duty of care. One way to determine what is reasonable is to consider the gravity of harm as well as the probability of harm. If both are high, or if one is really high, then the duty kicks in.

The law is all about drawing lines. You may not agree with where a lot of the lines are drawn (I don't), but it's not a completely irrational process, and it does help to keep the rest of government and the private sector in check.

[Mr. Anderson]

one time i was at a monor basball game and a realy fast foul ball hit this 6 year old girl right in the fase

I choked on my coffee when I read that.

[slagcoin]

one time i was at a monor basball game and a realy fast foul ball hit this 6 year old girl right in the fase

I choked on my coffee when I read that.

Yup, I think that is the funniest post I've seen here yet.

[big_squirtle]

one time i was at a monor basball game and a realy fast foul ball hit this 6 year old girl right in the fase

I choked on my coffee when I read that.

Yup, I think that is the funniest post I've seen here yet.

yeah me 2, eye agwee

[Trakan]

one time i was at a monor basball game and a realy fast foul ball hit this 6 year old girl right in the fase

:rofl:

[marmilin]

one time i was at a monor basball game and a realy fast foul ball hit this 6 year old girl right in the fase

I choked on my coffee when I read that.

Yup, I think that is the funniest post I've seen here yet.

yeah me 2, eye agwee

HAHAHA :rofl:

[beerguy961]

one time i was at a monor basball game and a realy fast foul ball hit this 6 year old girl right in the fase

:rofl:

Hilarious, good to know i wasn't the only one laughing when I read this...

[xzafixz]

one time i was at a monor basball game and a realy fast foul ball hit this 6 year old girl right in the fase

I choked on my coffee when I read that.

Yup, I think that is the funniest post I've seen here yet.

yeah me 2, eye agwee

HAHAHA :rofl:

You guys are all SICK! That poor little girl.

[sblymnlcrymnl]

:rofl:

Sorry, that's horrible. I bet she learns a lesson though.

[Alpha2]

I agree with the lawyer.

TRU has a responsibility to determin whether anything they put in a store could hurt someone. Regardless of the kid running around like a moron, it's a TOY store and thus should be better equiped to avoid harm to children.

They can inspect the device and decide whether it has too many sharp edges and if they need to put something over them. if they checked this and determined they didnt need to they remain at fault, heck they could probably fashion a case against TRU just based on the fact that there was a delay in callling for an ambulance I bet. Nintendo and the kiosk builder are definatly in for a phonecall!

[CheapyD]

yea since the OP stated the dad was right next to her.
it was a 6 year old. 6 year olds do not stand still, especially in toys r us.
if you cater to kids you better be damn sure you dont have sharp display items at a level that they can hurt themselves on.

how the hell are you gonna have a sharp display at the height that a child can simply walk into it and cut themselves on?

blah. I find it interesting how just about everyone of the previous posters have the, "thats what they get, shoulda been watching their kid better" response.

sharp metal display at head height of a child. genius.

I was thinking the same thing. Have you ever been to a TRU where there weren't kids running around.

Anyway...this thread is bound to become evidence in the lawsuit, so I am just stating my initial opinion for the record. ;)

[crazytalkx]

Hopefully she won't go running around like a little idiot anymore.

...........I fell off a shopping cart when I was 4 at Albertsons............

[judyjudyjudy]

I think it probably depends on the display. I'm sure it's possible that the kid is a spoiled unruly brat (and the father should have watched more carefully), but if the edges on the machine really are sharp and dangerous, it probably shouldn't be a toy store where there's a guarantee of kids running around and into things. (I'd expect a safer environment for children in Toys R Us versus, say, Home Depot.) Just my point of view...

And regardless, couldn't TRU be liable for the actions of the employees? OP made it sound like they weren't much help in the case of an emergency. No matter how child safe they make the place, there's still probably going to be kids hurting themselves on something. I know they're not babysitters, but still...

And I agree with everyone else that the little girl probably learned a good lesson.

[sblymnlcrymnl]

I was thinking the same thing. Have you ever been to a TRU where there weren't kids running around.

Actually, I never see anyone at TRU anymore, especially kids.

[magilacudy]

I don't even understand how TRU could be sued. Like, is it there fault that they decided to put the machine there? I don't understand it at all. Like, if I fell while walking on the sidewalk, could I sue the Earth?

That's the dumbest thing I've ever read. Duh...you know the Earth doesn't have money... :)

[gokou36]

The girl busted her head, bleeding to hell and most of you say she deserves it?!? What if it happened to someone YOU know, would they deserve it too? Think before you talk out of your arse.

And I agree with people who thinks that sharp objects shouldn't be in place where there are kids. This is TRU and Nintendo's fault. I'm betting retailers will be pulling Donkey Konga demos off due to this incident.

[crazytalkx]

If that one woman could get millions for the McDonalds coffee she spilled, I don't see why the parents of the girl wouldn't try suing. And no this isn't TRU and Nintendo's fault. The parents weren't taking care of the girl. Its the parent's responsibility to keep an eye on the kid, not the store's.

[mtxbass1]

Does anyone else become annoyed when you walk into (insert game store with Donkey Konga demo here) and some kids are just banging away on the bongos like little wild animals? Not only is the game loud enough, now you have kids acting like they are the drummer for def leppard gone on a wild frenzy. I wonder how long those bongos last in the stores like that.

[ElwoodCuse]

This is why we have a doctrine called "contributory negligence". Yes, it was stupid for the kid to be running around like this, but that display sounds dangerous. The store would probably lose the case but they would reduce the award because it wasn't entirely their fault.

[punqsux]

If that one woman could get millions for the McDonalds coffee she spilled, I don't see why the parents of the girl wouldn't try suing. And no this isn't TRU and Nintendo's fault. The parents weren't taking care of the girl. Its the parent's responsibility to keep an eye on the kid, not the store's.

too bad we live in america.

we dont need to work hard to be wealthy .

all we have to do is take a misfortune and cash in on it.

the american way.

[punqsux]

This is why we have a doctrine called "contributory negligence". Yes, it was stupid for the kid to be running around like this, but that display sounds dangerous. The store would probably lose the case but they would reduce the award because it wasn't entirely their fault.

no chance the store would lose the case, there would never be a case to lose, they would settle in an instant

[sblymnlcrymnl]

If that one woman could get millions for the McDonalds coffee she spilled, I don't see why the parents of the girl wouldn't try suing. And no this isn't TRU and Nintendo's fault. The parents weren't taking care of the girl. Its the parent's responsibility to keep an eye on the kid, not the store's.

too bad we live in america.

we dont need to work hard to be wealthy .

all we have to do is take a misfortune and cash in on it.

the american way.

What would be really funny is if they got some money out of this, and then that little girl got hit by a truck the next day :rofl:

[Lootr2Core]

If that one woman could get millions for the McDonalds coffee she spilled, I don't see why the parents of the girl wouldn't try suing. And no this isn't TRU and Nintendo's fault. The parents weren't taking care of the girl. Its the parent's responsibility to keep an eye on the kid, not the store's.

just wondering how many posters here blasting the kid or her parents have kids of their own?

[ElwoodCuse]

If that one woman could get millions for the McDonalds coffee she spilled, I don't see why the parents of the girl wouldn't try suing. And no this isn't TRU and Nintendo's fault. The parents weren't taking care of the girl. Its the parent's responsibility to keep an eye on the kid, not the store's.

Christ not this again.

The McDonalds lady did not ask for millions. She wanted her medical bills paid, which McDonalds refused. The jury went nuts awarding damages which were later reduced on appeal. Although the jury also found that it was partially the lady's fault.

Still, McDonalds was serving a dangerous product and they knew it. This was not the first case of someone being serious injured by their coffee. Spilling coffee on yourself should require you to change your clothes, not get skin grafts for 2nd degree burns. There was absolutely nothing wrong with the McDonalds coffee case.

[punqsux]

If that one woman could get millions for the McDonalds coffee she spilled, I don't see why the parents of the girl wouldn't try suing. And no this isn't TRU and Nintendo's fault. The parents weren't taking care of the girl. Its the parent's responsibility to keep an eye on the kid, not the store's.

too bad we live in america.

we dont need to work hard to be wealthy .

all we have to do is take a misfortune and cash in on it.

the american way.

What would be really funny is if they got some money out of this, and then that little girl got hit by a truck the next day :rofl:

that wouldnt be funny at all.

the humor would be in the rich parents, with all the money they could ever dream of, being hit by that truck.

the girl is just a kid who had an accident, happens to kids all the time.

[crazytalkx]

If that one woman could get millions for the McDonalds coffee she spilled, I don't see why the parents of the girl wouldn't try suing. And no this isn't TRU and Nintendo's fault. The parents weren't taking care of the girl. Its the parent's responsibility to keep an eye on the kid, not the store's.

too bad we live in america.

we dont need to work hard to be wealthy .

all we have to do is take a misfortune and cash in on it.

the american way.

What would be really funny is if they got some money out of this, and then that little girl got hit by a truck the next day :rofl:

Then they would probably sue the truck driver/company and the cycle would go on.

[magilacudy]

If that one woman could get millions for the McDonalds coffee she spilled, I don't see why the parents of the girl wouldn't try suing. And no this isn't TRU and Nintendo's fault. The parents weren't taking care of the girl. Its the parent's responsibility to keep an eye on the kid, not the store's.

Christ not this again.


W0rd. I was about to type the same exact thing almost the same exact way. Come on people, don't believe the hype.

[Larsin]

when you explained how the blood was everywhere, it reminded me of Kill Bill.

one time i was in TRU and was looking to my left and some little kid ran straight into me and fell down. i looked down at my feet, and saw some little kid staring at me with a suprised look, and i walked away. rofl

[sblymnlcrymnl]

If that one woman could get millions for the McDonalds coffee she spilled, I don't see why the parents of the girl wouldn't try suing. And no this isn't TRU and Nintendo's fault. The parents weren't taking care of the girl. Its the parent's responsibility to keep an eye on the kid, not the store's.

too bad we live in america.

we dont need to work hard to be wealthy .

all we have to do is take a misfortune and cash in on it.

the american way.

What would be really funny is if they got some money out of this, and then that little girl got hit by a truck the next day :rofl:

that wouldnt be funny at all.

the humor would be in the rich parents, with all the money they could ever dream of, being hit by that truck.

the girl is just a kid who had an accident, happens to kids all the time.

But all that money can't bring their little girl back ... they can get hit by a truck after they learn their lesson.

[illennium]

This is why we have a doctrine called "contributory negligence". Yes, it was stupid for the kid to be running around like this, but that display sounds dangerous. The store would probably lose the case but they would reduce the award because it wasn't entirely their fault.

no chance the store would lose the case, there would never be a case to lose, they would settle in an instant

A case that doesn't go to trial is still called a case.

[KingDox]

I'm sure that TRU has to deal with kids hurting them selfs all the time. So I'm sure they have some type of insurance plan that cuts a check to any kid that gets hurt in their store. And yeah, I think that kids are kinda dumb to hurt themselfs all the time. But most kids hurt themselfs so so we shouldn't be all the amazed. I'm willing to be if you made a thread about "worst injury as a kid" you'll get some crazy stories.

Also if you've even watched wrestling then you know all it takes is a single cut to the head to get lots of blood to pour out.

[fireatwill]

This reminds me of a time when I was at the mall. I saw this litte girl, must have been 5 or 6, pushing a baby stroller. She started running with it and headed into Hot Topic. Then I hear this huge crash sound followed by crying. This was followed by the mom saying "Now what did I tell you about running... Don't EVER do it"

I couldn't help but laugh.

[mst3k_stud]

hahaha stupid bitch

[Alpha2]

The thing they say about wrestleing is that they cut there foreheads because with all the capilaries there a small cut either by razorblade of bruising will instantly produce lots and lots of free flowing blood making the fight look a lot more gruesome than it actually is.

[Zenithian Legend]

Donkey Konk-ya-head!

[SteveMcQ]

hahaha stupid bitch

You're an ass.

Poor girl, I hope she's ok.

[Scorch]

Wait.. we can sue because of spilled drinks?

Ah, bloody hell. Sonic, McDonalds, and Dairy Queen with the loose ice cream tops, no more cursing in my car with the windows up! I'm callin' ya'll out! I want sixty million dollars! Seeing my nestle crunch blizzard spill was emotionally traumatizing :( (even moreso because DQ stopped serving it!! Anyone here have a DQ that still has the nestle crunch blizzard??)

[vihit]

Is this Donkey Konga display setup exclusive to TRU or is it wherever Donkey Konga is put on display?

[Scorch]

I think that it's everywhere. I've seen it at CC and EB.

[vihit]

I think that it's everywhere. I've seen it at CC and EB.

Well I meant if other stores had the display w/ the sharp metal part.

[Scorch]

I thought it was the same display everywhere. I just assumed the sharp part was connected to the bongos or something. At EB and CC they're pushed up against a wall. At TRU (mine, anyways) they're at the end of an aisle.

[slagcoin]

Okay, it seems some of you guys are assuming that the bars I spoke of were almost just like blades.

It looks like I am going to have to make a quick stop at my store to verify a few things. But to specify a few things first, the two bars I spoke of had a combined shape comparable to that of an elongated wishbone. The cross-section of the bars was a long isosceles triangular shape similar to the shape of a peg with the pointed end facing outward. The pointed ends of the bars were not sharp in a way that you could easily slice things with them and I probably should not have reemphasized the word "sharp" (my mistake), but the ends were sharp in a way that is really not friendly to getting hit with.

Things I will have to look at include if the bars are made of metal or strong plastic or whatever (I have not said it was made of metal), how pointed the bars are, and if the cashier's account was accurate in that the girl hit her head on one of the bar and not perhaps somewhere else. I was not really able to examine the scene too much because the father held his daughter in front of the machine until the ambulance came. This left a large puddle of blood right at the machine and the mop guy came in soon after and blocked the area off (I didn't want to go step in the blood to get a closer look anyways).

I'm not sure if all of these displays out there are the same, but I'll check this store's machine out again and maybe see if they marked it "out of order" or something like that.

Some of you also referred to how pro wrestlers cut their forehead to produce a lot of blood with little actual damage. This girl had a gash those guys would not want. It went from just above her eyebrow diagonal into her hairline.

[blaze1981]

there is no lawsuit to win. bottom line is this kid was 6 yrs old. the parents should watch out for the kid and hold her if they see her running around. it was the kids fault for running around the store and its the parents fault because they wasnt looking after her. if it was my kid that was running around the store my kid wouldve heard it from me or i would hold her/him. so if u ask me no lawsuit. they can try but no wins. just wasting their own time. this world nowadays is corrupt also.

[CoffeeEdge]

Yeah, the father taking up a lawsuit against TRU would be a huge waste of time. He wouldn't have a chance. And aside from that, HE'S more at fault; he needs to be watching his kid better. TRU is not at fault, and there is no legal case against them.

[MadFlava]

That unfortunate, accidents happen but I feel sorry for the girl who got hurt. Hopefully she will recover and that there isn't too much scarring when the take the stiches out.

[David85]

This will end in a law suit all because some god damn dumbass little kid was running around like a freak and her parents weren't watching her. Got to love America. :roll:

[slidecage]

Depends on how the TRU is set up, if its set up like the one here in fort wayne they should be sued and sued big time... THey have the isle so freaking small and junk tossed all over the place im shocked people are not falling every day... on the subject on falling i went meijier the other week and almost fell on some JELLY BELLYS someone tossed all over the freaking floor . Well i caught myself on the Shelf and started cussing my head off when i turned around there where these two old people looking at me . They heard every cuss word i said :D

[howlinmad]

father who was tending to her

Doesn't sound like FATHER was tending jack. I can't stand parents who let their kids run in stores, let the toy isle babysit, let their kid climb all over the back of the booth in a resturant. It's not the kid who needs their butt beat, it's the parent.

But....daddy will probably sue TRU because little darling got hurt. Maybe somebody should ram his head into the display a few times.

[doubledown]

Well, it's like a double-edged sword

It's like the parent who lets the kid ride the escalator (MallRats reference)....he should be responsible for that.

However, the store should also not have sharp objects that crazy kinds can run into.

I hope the girl is ok.....

[dtcarson]

You can 'sue' for almost anything. It's whether you win or not that's the issue.
If they do sue, and they get a jury, I wouldn't be surprised if they do win some judgement.
* cute sixyear old girl
* big mean rich EVIL corporation
* 'a million dollars wont matter to them'
It's happened before.
Regarding the spilled drink thing, I recall one case where the spill just happened, and the store wasn't liable. Another where the spill happened 20-30 minutes before, and they were, because it was decided that the store had time to find the spill and clean it up or at least put a 'Caution' thing up, and they do have a responsibility to provide a safe shopping environment. They were found negligent and did have to pay a judgement.
In this case, depending on how the stand looks and is built, they could be found partially liable because they 'shouldn't' have things that are likely to cause injury.

I wish those damn Makeover and Swan and Plastic surgery shows would take kids like this instead of adults whose noses are a little big, or something. There's a kid in my son's day care, who, when he was justover 1 year old, was attacked by his dog. He's now got a huge disfiguring scar on his face, and of course repair surgery is very expensive. It's quite saddening. Instead we see people who aren't happy with their freckles or whatever, on these damn 'reality' shows getting tens of operations worth thousands of dollars donated to them.

[slidecage]

they really shouldnt have things like that in the store in the first place or if they want to have them put them in the back of the department. The ones they got here are sticking right out in front of the games

[Indiana]

You can sue for anything. Assuming a lawyer will take your case. If a lawyer takes the case then Toys 'R Us will probably settle out of court for Medical bills plus $10k. That's my guess.

[punqsux]

The thing they say about wrestleing is that they cut there foreheads because with all the capilaries there a small cut either by razorblade of bruising will instantly produce lots and lots of free flowing blood making the fight look a lot more gruesome than it actually is.

yeah, i guess this girl just botched her blade job :wink:

[Backlash]

As for a lawsuit, people will sue over most anything nowadays. I agree that much if this is her and her father's fault. But the Nintendo machine holds some possibility. You should take a look at it next time you go to TRU. The support bars are SHARP. I am not sure how much damage it did to her. Her gash was big and I'm sure it at least exposed a lot of her skull. Looking at the machine I think it may have even cracked her skull open.

It might not have been that bad - facial cuts tend to bleed profusely, even when quite shallow.

As far as the machine, companies don't have the responsibility to protect people from their own stupidity. I bet the floor was quite hard tile, too - if she had fallen elsewhere she might have busted her head on the floor anyway. Should TRU pad the floor?

[ElwoodCuse]

As far as the machine, companies don't have the responsibility to protect people from their own stupidity. I bet the floor was quite hard tile, too - if she had fallen elsewhere she might have busted her head on the floor anyway. Should TRU pad the floor?

No, but they do have an obligation to protect people from things that they knew could be dangerous. It would help to see a picture of this actual display, but if you can prove that it was dangerous, they can be liable.

[fireatwill]

When I have kids, I will make them hurt themselves in stores, then sue the store. Instant Millionaire, just add kids and injuries.

[slagcoin]

Okay I just got back from my store again and I examined the display.

The bars I spoke of (which are under the cased system and down to the floor) were more like thin metal support plates with the ends of the plates facing outward. The ends of the metal plates were smoothed out and rounded, but still the plates were really thin and good enough for chopping fleshy things.

I had some trouble actually looking at the support bars, however, and this is what would kill TRU in a lawsuit: A Donkey Konga panel specifically made for this display was placed over the the support bars. This panel was not there last night. This display was supposed to be set up with this protective panel in front of the support beams.

This store showed some negligence in not assembling this display entirely. I can assure you if that panel was placed on the display last night this girl would not have cut her head open.

None of the people who were there last night (about 7PM MDT) were there when I visited earlier (about Noon MDT). (This is probably because of their shifts.) I tried asking the cashier there about the situation and he said he hadn't heard about it yet. Maybe I'll find one of the people on Sunday.

[6669]

:( That's sad.

[fragmanslayer]

1. She shouldnt be running in a store.
2. Parents should watch kids closer.
3. Sue TRU, not much chance of winning
4. Lawyer will get all the money, not the kid/family
5. Morons shouldnt reproduce!

[teenwolf]

one time i was at a monor basball game and a realy fast foul ball hit this 6 year old girl right in the fase

You are the greatest poster of all time, I bow before your James Joyce-esque literary genius.

[teenwolf]

Does anyone else become annoyed when you walk into (insert game store with Donkey Konga demo here) and some kids are just banging away on the bongos like little wild animals? Not only is the game loud enough, now you have kids acting like they are the drummer for def leppard gone on a wild frenzy. I wonder how long those bongos last in the stores like that.

The kids are acting like they have only one arm while playing the bongos?!??! GENIUS

http://img52.exs.cx/img52/3580/ricalln220.jpg

[smellhasreturned]

Damn ouch man that sucks for the little girl. I was always running around in stores so it would probably happen to me. You use good adjectives in your stories Slag :)

[Gothic Walrus]

It's awful that this happened. I'm not going to blame either TRU or the parents here, but thinking about this makes me sick to my stomach. Poor kid... :(

Now that I've actually read the thread...

You guys are all SICK! That poor little girl.

My sentiments exactly. The accident here was bad enough, but the foul ball incident is even worse. It's not funny in the least. How many people at the game burst out laughing when they saw it happen? I'd bet none...

Anyway...this thread is bound to become evidence in the lawsuit, so I am just stating my initial opinion for the record. ;)

Correct me if I'm wrong, but I don't think that posts on a forum qualify legally sound evidence, especially when the site has an edit function...

This was an accident. These things happen. BUT...if the TRU store didn't assemble the display correctly, it seems like they're at fault here. I hope that the girl's parents don't pursue legal action, but time will tell...

[paz9x]

I cant believe how idiotic most of you are.
With all your high insight on how parents should control kids,
and your uneducated ramblings about liability.

Okay I just got back from my store again and I examined the display.

A Donkey Konga panel specifically made for this display was placed over the the support bars. This panel was not there last night. This display was supposed to be set up with this protective panel in front of the support beams.


Yeah, case closed.

[punqsux]

Does anyone else become annoyed when you walk into (insert game store with Donkey Konga demo here) and some kids are just banging away on the bongos like little wild animals? Not only is the game loud enough, now you have kids acting like they are the drummer for def leppard gone on a wild frenzy. I wonder how long those bongos last in the stores like that.

The kids are acting like they have only one arm while playing the bongos?!??! GENIUS

http://img52.exs.cx/img52/3580/ricalln220.jpg

holy shit that guy looks young for his age!

[camoor]

It's awful that this happened. I'm not going to blame either TRU or the parents here, but thinking about this makes me sick to my stomach. Poor kid... :(

Now that I've actually read the thread...

You guys are all SICK! That poor little girl.

My sentiments exactly. The accident here was bad enough, but the foul ball incident is even worse. It's not funny in the least. How many people at the game burst out laughing when they saw it happen? I'd bet none...


I agree!! If i or u were hit in the fase it would hurt really bad. Pleese stop laffing, someone is in payne!

[mrpotatohed]

Just post this as a warning...


http://gallery.pethobbyist.com/data/1098614a.jpg





I agree!! If i or u were hit in the fase it would hurt really bad. Pleese stop laffing, someone is in payne!


WOO! Go spelling!