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