2 yr old injured at Costco, bullied by claim adjustor
I am writing to you about an incident that happened to my 2 year old son at the Danvers, MA Costco. On April 12th, my son and I were shopping at Costco, when he had his finger stuck in one of the slots on the metal post of the shelf that can be found all over Costco. When he struggled to free his finger, he cut his thumb on the metal edge of the hole which caused it to bleed heavily. Since the laceration was made near the tendon area where there is not much flesh to protect it, we were very concerned that he had injured his tendon. In addition, the cut was made on a piece of metal, so there is a chance he needs a tetanus shot. My husband and I took him to the ER immediately after the incident.
While controlling one's child is ultimately a parent's responsibility, Costco has a responsibility to ensure that it is safe for all age visitors or visitors should have been warned in advance of the unsafe areas. My son was using the property normally when the injury was made. The metal post that had inflicted his injury was not marked unsafe by any sign of warning, which indicates that Costco was not aware or not concerned of its potential danger. But just because you close your eyes to danger doesn't mean the danger don't exist, and that is where the liability law comes in play.
I have communicated with the claim adjustor Sylvia S. McLaughlin for several month since the incident. When I told her my son had experienced pain and stress because of his injury, she brushed it off by saying "kids don't feel stress" and "they don't remember pain". No need to say how offended I was. She was not there to witness when my son cried in pain while the nurse treated his wound, his disappointment when he couldn't play with his little friends at the playground because it hurts every time he used his left hand to hold on; or his disappointment when the weather is finally nice, yet he still couldn't play with his favorite water table because he wasn't suppose to get his injured thumb wet. Ms McLaughlin has many times ensured me that Costco is not at all liable for the incident because Costco was not aware of any danger in the area where the incident had occurred. What kind of reasoning is that? There is always a first for everything. Plus, if what she said is true then there is no need for liability law since anyone can just claim they weren't aware of danger so they can get away with anything. When I suggested that Costco should do something to prevent this happening again, Ms McLaughlin quickly replied with "there is nothing Costco can do". On the contrary, there are things you can do to fix the issue. For example, a very simple solution to this problem would be to wrap the lower section of the metal post with plastic tarp. My whole experience talking with Ms McLaughlin, left me with the disgusting feeling of been bullied.
I think Costco should take this opportunity to think about how to fix this issue rather than trying to escape its responsibility.
We have been loyal customer of Costco and have recommend Costco to many friends and family. I hope Costco can be reasonable in resolving this case, so we can continue to enjoy your service long after.