QUESTION

Should I file against McDonalds?

Asked on Dec 22nd, 2013 on General Practice - North Carolina
More details to this question:
Long of the sort - I brought my child to eat and play. After a few minutes of playing in the play place - I noticed her once black paints had turned rust colored. I ran up to her, and could distinctively smell that it was bleach!! My husband entered the play place only to discover that there were puddles of bleach throughout!! We ran in to get the manager, who told is that it wasn't bleach and that they didn't have any bleach in the store. The maintenance guy then came out and confirmed that they did, and although they were not suppose to use bleach there, someone clearly had. After a few minutes my daughter started screaming that her legs and buns were burning.... And she didn't want to eat cause her mouth was burning. The GM offered us meal cards. We took off so that we could get my daughter home in the shower - after calling the owner, we discovered that he had a contract company come out the day before to clean/power wash the play place and that they had used bleach.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You appear to have a claim against this McDonalds and the cleaning company.  Not sure if you have a good claim against the franchisor - that might depend on other facts which you don't know yet.  Although your actual damages are minimal, since your daughter is ok, you may be able to recover punitive damages, depending on what the facts are.  For example, had McDonald's and/or the cleaning company had prior complaints?  Did McDonald's neglect to tell the cleaning company what the area was used for?  Did the cleaning company tell McDonald's not to open the play area for a period of time but McDonald's ignored it?  Was it reckless to use bleach in this type of area in the first place?  How dangerous could this bleach have been if you hadn't rushed your daughter to a shower?  What if she had gotten some in her eye, or swallowed some? From a strictly monetary standpoint, I think this is a case worth pursuing, but your attorney probably will not be able to accurately estimate how much it might be worth until he or she learns more about the facts. The defense is sure to try to shift the blame on to you and your husband.  Towards that end, they will raise questions, such as: if you smelled bleach when you went in after your daughter's pants turned color, why didn't you smell it before?  If you thought your daughter was in so much pain and danger, why didn't you take her to the hospital? The defense will try to argue that you are at least partly to blame, for not properly supervising your daughter.  Also, if there is no quick settlement, your daughter may have to testify.  You have to be prepared, this could turn out to be a very unpleasant experience.
Answered on Dec 23rd, 2013 at 5:32 PM

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