Note: I am seeing both sides of this.My son (when he was 2 1/4) went with me to Ace Hardware. They assembled a small bike and had it next to a small kid's outdoor bench, right next to the register. I was paying for my item, and in a flash, my kid jumped on the bike, slipped off just as fast and jammed his tooth back into the gums in an instant on the metal bench. He was screaming, blood was everywhere, and I just took him out of the place and drove him home. We did not even realize the tooth was jammed up (thought it was knocked out) until the dentist on the phone brought it up. The "surgery" to have it removed cost us a decent amount, but I chalked it up to "boys being boys"...I never once thought about suing. Now, had there been hunting knives lying around, I would have an issue with that (that is an extreme, I know). In my mind, I look at the horn as something inbetween...if it really was lying around, the company needs to do a better job of finding and removing the item...they likely have a ton of people there making sure SKUs match up and acting as greeters, they can make sure the floor is OK.The one thing that makes me wonder about DRJ's analysis is that he mentions the flimsyness of the packaging...that should not have anything to do with it...was the thing out of the package or not??? If it was in, and your kid could set it off, you need to be looking at the manufacturer, not the retailer. Also, 8 1/2 is getting old...I am not going to say your kid is dumb, but if she likes to explore and get into stuff, at some point, that needs to rest on you/her...and she is walking the line now.I hope she is OK and it just goes away...just my thoughts.