Child Bitten by a Rat at a Pet Store

My question involves injury or loss that occurred in the state of: Kansas

I have a question. My son and I were at Petland and he was bit by a rat in a wire cage sitting on the floor by the register. I was just a few feet away from him when it happened. He started crying and said the rat had bit his finger. He was bleeding everywhere. They just had this rat in a wire cage for anybody to stick there fingers in. I took him to the hospital, and they called animal control. They did move the rat after we went back up there. The staff was rude saying what do you want us to do about it. It just makes me so mad. Can we sue them for anything and have a chance of winning? I just don't know what to do.

Your son is how old? Where were you when this happened? Did his injury require more treatment than, say, a kiss on the boo boo and a band-aid?

My son is 4 years old, and he had to go to the hospital. He was bleeding very badly. The hospital called animal control and they had to do a report. They couldn't stitch up my sons finger because of infection, and they put him on a antibiotic for 5 days for infection.

I was just a few feet away from him looking at some water bowls for our cat. I could see him. We were both by the register.

You might ask the store if they will take care of your son's medical bills.

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Quoting priddy3

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Can we sue them for anything and have a chance of winning? I just don't know what to do.

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You can ask if they will pay the medical bills. If they don't, to sue and be successful, you need a valid Cause of action.

What is that?

It is a legal theory to base an action on. Was the pet store negligent in some way? Does state law have a strict liability for animal bites even if in cages?

If an adult reached in to pet it one could argue, depending on case law of course, they "assumed the risk" of the possible danger.

A child is not capable of assuming the risk.

If they will not, at minimum, pay the hospital bills, you may have to consult a personal injury attorney.

Thanks so much. I'm talking to an attorney today to see about having them pay the medical bill. Again thanks for the responses.

You're welcome.

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Quoting priddy3

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They couldn't stitch up my sons finger because of infection, and they put him on a antibiotic for 5 days for infection.
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What do you mean by that?

Really, an infection does not set in within a couple of hours. Also, parents do have some responsibility not to let their child stick their fingers in light sockets, animal cages, or meat grinders. If the animal was loose I could see far more liability than if a child not under direct control of the parent sticking his fingers into the animal's habitat. Anything with teeth can and will bite. Most people are aware of that and don't leave it to others to supervise their children.