If the shoe doesn’t fit, you must … sue?
A Pasadena man has filed a lawsuit against Nordstrom Inc., alleging that a sales person at the retailer’s Arcadia store had his 4-year-old daughter try on a pair of boots that were too large, causing the girl to trip and bump her head.
The father, Shahan Stephanian, filed the personal injury lawsuit on behalf of his daughter, Nanor, in Los Angeles County Superior Court in downtown Los Angeles. The lawsuit seeks unspecified general damages for negligence “in the sum according to proof.”
A spokesman for Washington-based Nordstrom did not immediately respond to a request for comment.
[Updated, 1:25 p.m. PDT July 16: The retailer issued a statement in which it denied responsibility for the girl's injury: "We’re sorry that the customer’s child was injured in our store but we do not believe we are responsible for what happened. Our understanding is that our salespeople properly fitted the customer’s child in the shoes. This incident occurred in 2006 and we have let the customer know several times in the past that we welcome the opportunity to resolve his issues directly. As this is now a legal issue, we will defend our position as necessary."]
Stephanian alleges in the lawsuit that his daughter was measured for a size 11 to 12, but the unidentified sales person returned with a size 13, explaining that the girl was growing and a larger size was the best option.
The girl was shopping with her mother, Arbine, at the time, the lawsuit said.
“Plaintiff was requested by the sales person to walk toward a shelf and back in the size 13 boots,” the father said in the lawsuit.“As plaintiff walked toward the shelf, she stumbled and struck her forehead on the shelf, suffering serious injuries to her person. Said injuries include a laceration to her left eyebrow and eyelid area, which has left a permanent and very noticeable scar.”
The lawsuit also alleges that the girl “was too young to appreciate the danger of walking in boots that were too large or did not fit properly.”
“Therefore, defendants’ sales person had a duty to use reasonable care to present the plaintiff with boots that were safe and of an appropriate size so that plaintiff would not have difficulty walking in said boots and/or would not stumble or fall while walking in said boots,” the lawsuit said.
The girl was injured Dec. 1, 2006, more than six years ago. California law typically requires personal injury lawsuits to be filed within two years, according to the legal website nolo.com. Stephanian’s lawyer, Abraham Mathew, did not immediately respond to a request for comment.
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