Rack of jeans fell on my daughter at a Dept Store

What is the name of your state? CA

Last Saturday, my daughter (7 yrs old) and I were looking at jeans at a department store. I was on one T-rack and she was looking at the one next to it. I asked her to help me find a certain size by looking at the tags.
As we both were looking, I heard her scream and crying. I turned around and the rack fell on top of her. I couldnt see her. I lifted up the rack and helped her up. Luckily she didn't get hurt. The jeans protected her. She did have a headache and now she doesnt want to go back there. I informed the manager and she filed a report. Risk Mgt called me the following Monday to ask what exactly happened. My daughter was looking at the tags and as she was looking, the rack was probably unbalanced. Would this call for a case?

Would this call for a case?

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For what? You said yourself that your daughter wasn't injured.

My response:

Have you ever heard the phrase, "No harm, no foul"?

Negligence is defined as "duty", "breach of duty", "causation", and "damages". When one of those "elements" is missing (in your case, "damages") then there is no "negligence" - - and ultimately, no "case".

IAAL

Thank you for your responses. Yes I am very clueless to all this stuff. I understand now.

And No I have not heard of :

"Have you ever heard the phrase, "No harm, no foul"?

Negligence is defined as "duty", "breach of duty", "causation", and "damages". When one of those "elements" is missing (in your case, "damages") then there is no "negligence" - - and ultimately, no "case".

Thanks again...