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I went to dinner the other night and the waitress sat a dish down in front of me without telling me that it was hot. I reached over to get the pepper and burned my arm. The manager came out and gave me some burn cream, a bag of ice, and his card. Should I consider suing?
24 ANSWERS
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I don't think it would fly. Imagine sitting on a jury and a guy saying "I burned myself, but it was her fault because she didn't tell me the plate was hot." I doubt that you would return an award.
Answered on Sep 07th, 2012 at 10:40 AM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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While you could sue the restaurant the real question is whether you would be successful in your claim. The waitress should have warned you the plate was hot, especially if it was hot enough to cause a significant burn. However, if it was, or should have been, obvious to you that the plate was extremely hot, then you were "on notice" about the plate being hot and either "assumed the risk" or were contributorily at fault by reaching over the hot plate. If it was not obvious nor should you have known how hot the plate was then you have a much better chance of being able to sue and win your claim against the restaurant. Part of whether you knew or should have known of how hot the plate was is what you ordered? In addition, how the waitress was handling the plate would also be relevant. If she was wearing a glove or other protective gear then you might have been on notice about the plate being hot even though she did not say anything. You might want to talk to a personal injury attorney. Most offer a free consultation so it will not cost you anything to learn more about your rights and options.
Answered on Sep 04th, 2012 at 9:07 PM
No, your case isn't one with enough damage to sue.
Answered on Sep 04th, 2012 at 12:31 PM
Yes, you may. However, you should first find out if that restaurant carried insurance and seek relief by filing a claim.
Answered on Aug 29th, 2012 at 5:43 PM
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You can but the value may not too much. You could call their corporate office and they may give you a gift card.
Answered on Aug 29th, 2012 at 5:43 PM
Criminal Law Attorney serving San Diego, CA
Partner at
Lee Law Group DUI & Criminal Attorneys
If you are injured yes. They should pay for your medical care, pain, suffering, any loss work wages, etc. The restaurant was negligent if they served you food hot enough to burn your arm. Just think what it would have done to your mouth, your esophagus, or even your stomach lining. WOW! I shudder to think.
Answered on Aug 29th, 2012 at 5:42 PM
Lisa Hurtado McDonnell
Did you seek medical care? How much was the doctor bill? Did the doctor recommend any follow up care? Do you have a scar? You need damages before you sue and then you need prove liability (were you at partially at fault?) do you have any witnesses that you were not partly at fault?
Answered on Aug 29th, 2012 at 5:42 PM
Ronald A. Steinberg
If you want to. If no permanent scar, it is probably a small case.
Answered on Aug 29th, 2012 at 5:42 PM
Dennis P. Mikko
Unless the injury is significant, there would be more cost and work in suing than it would be worth.
Answered on Aug 29th, 2012 at 5:42 PM
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No. It's not worth it unless you had more serious injuries.
Answered on Aug 29th, 2012 at 5:42 PM
Personal Injury Attorney serving Beverly Hills, CA
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Engelman Law, APC
If you injuries are significant or likely to cause scarring, you may wish to consult with an attorney to explore your legal options.
Answered on Aug 29th, 2012 at 5:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your damages will not cover the cost of the suit unless the burn is much, much more severe than you have implied. See if you can get another dinner on the house.
Answered on Aug 29th, 2012 at 5:40 PM
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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Making a claim in this case will be limited to what the injury is worth. If the burn was minor, than I would not recommend pursuing it, because the cost in time and money may outweigh what you could recover. If the burn was serious, consult an attorney.
Answered on Aug 29th, 2012 at 5:40 PM
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Yes, if your harm justifies lawsuit.
Answered on Aug 29th, 2012 at 5:39 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Probably not. It doesn't sound as if your injury is severe enough to sue.
Answered on Aug 29th, 2012 at 5:39 PM
It depends on the severity of the burn. Feel free to contact my office.
Answered on Aug 29th, 2012 at 5:39 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No. You should have tried to get your entire meal comped. Now is too late. Not enough in damages to hire an atty.
Answered on Aug 29th, 2012 at 5:39 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Given that manager gave you his card would assume from that he is aware that their failure to warn you about the hot plate was the cause of your injuries and don't necessarily believe that need to sue initially, but would suggest you treat for your burn and related injuries until you reach a pre-accident status, or health care provider says you are as recovered as you are going to be. At that point, would obtain all your medical records and bills and send a demand to the restaurant's insurance carrier. Before you have completed treatment, contact the manager and ask him for the contact person at their insurance carrier. They may resolve the case before ever having to file suit.
Answered on Aug 29th, 2012 at 5:39 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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It is probably not worth it to file suit. I am doubtful that you could win and you don't seem to have serious injuries. If you did not go to the hospital or Dr. the day of the injury, I would not consider suing.
Answered on Aug 29th, 2012 at 5:39 PM
You could sue the restaurant. The question is should you. You must ask yourself what your damages are. If you suffered only a minor burn, did not treat with any healthcare provider, filing suit will probably cost more than you would be awarded from the case. Filing suit when your damages are low is usually not economically reasonable, i.e., it costs more than it's worth. If you had a serious burn that required repeated medical treatment, consult a lawyer. Personal injury lawyers generally do not charge for a consultation.
Answered on Aug 29th, 2012 at 5:38 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Unless you had to see a doctor and incurred medical bills, or unless you believe you will be permanently scarred from the burn, I would just visit the restaurant manager and tell him you're unhappy, and I'll be they give you a nice gift certificate for a nice meal or two in the future.
Answered on Aug 29th, 2012 at 5:38 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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For what? What are you expecting to get for a slight matter like that? No lawyer will likely take such a case. It will take $10,000 worth of time to sue those people. Are you expecting a jury to give you large dollars for a matter like this?
Answered on Aug 29th, 2012 at 5:37 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You can sue but unless it is a disfiguring burn, you are not likely to get much money.
Answered on Aug 29th, 2012 at 5:37 PM
Consider a FREE dinner instead.
Answered on Aug 29th, 2012 at 5:37 PM