QUESTION
Can I sue not only for the cost of the doctor's visit and the medication but for pain and suffering due to their neglect?
Asked on Feb 23rd, 2014 on Personal Injury - Washington
More details to this question:
As we were leaving the restaurant, my daughter who is 3 went to the wall and put her hand on the heater in the wall that stood the same height as her. She immediately began to scream. I wasn't sure what happened and then I saw her hand was burnt. I myself reached over and touched the heater (that was metal) was boiling hot. She had the grate marks burnt into her skin. My husband took her to our car and I went and told the hostess that my daughter got burnt and asked for a towel and some ice. The owner came out to see if she was okay. I had told him that there should be some type of cage over the heater or that they should think about a different way to heat the entryway and how very dangerous those heaters are. He agreed and then told me that the heaters have been there for 9 years and no one ever got burnt. I replied with "there's a first time for everything". He gave us his card and said if we need anything to call. I took pictures of the building and the heaters and left. I took my daughter to urgent care where she was treated for the burn on her hand. The doctor wrote her a prescription for an antibiotic ointment and told me to keep her had wrapped in a bandage.
7 ANSWERS
Ronald A. Steinberg
How old is your child? If she's very young, you may be able to make a claim.
Answered on Apr 22nd, 2014 at 10:54 AM
Edwin K. Niles
Yes. You should see a personal injury lawyer.
Answered on Feb 27th, 2014 at 8:41 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have to prove negligence. was there negligence involved? You have a small claim. Might be better to see if there is med pay coverage to take care of the medical bill. Claim itself wont produce big bucks. see a good lawyer.
Answered on Feb 26th, 2014 at 6:53 PM
Thomas Edward Gates
The pain and suffering would be your daughter's and, would be considered minimal. More importantly, there is comparable fault, both parties were at fault. You should have had control of your daughter's movements. If you did, she would not likely been burned. Thus, the jury would be partition by the degree a fault between the two parties. Any award would be decreased by the percentage of fault by the other party. $5,000 x 50% = $2,500.
Answered on Feb 25th, 2014 at 8:17 PM
James Eugene Hasser
Yes, your child would be entitled to damages for pain and suffering.
Answered on Feb 25th, 2014 at 8:12 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Ask the restaurant owner for the name of his liability insurance company. Section 627.4137, Florida Statutes requires that he give you the information. Then make a claim for your daughter since you are right that if a heater is open and exposed and is "boiling hot" as you describe it, they should have had some type of cage over it to prevent the general public from coming into contact with it.
Answered on Feb 25th, 2014 at 8:12 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Yes, you are entitled to recover for your daughter's injuries including medical expenses past, present and future, prescriptions, travel to and from medical appointments, scarring and disfigurement, cosmetic surgery if necessitated, and her pain and suffering past, present, and future.
Answered on Feb 25th, 2014 at 8:05 PM