More details to this question:
I was at a Chinese restaurant and had my 9 month old son in the high chair. I stepped away for a second to grab his food from his stroller. I could still see him. The server brought a hot pot of tea to the table which I did not order and placed in right in front of my son. Before I could react he had already grabbed it and poured the entire contents all over himself. No one working in the restaurant even spoke English so they couldn't understand me when I told them not to put the tea there. After a trip to the ER and being in the ICU burn unit at a hospital, my son's injuries are severe. He has 1st degree burns on his tummy and second degree burns on his thigh and foot. 3-4% of his body was burned according to the doctor. He will be fine but I feel the restaurant should be held accountable for their stupidity. Too many restaurants don't know how to serve families with small children. Do I have a worthy case?
18 ANSWERS
Yes, you should sue for your baby's medical bills, pain and suffering.
Answered on Apr 28th, 2013 at 9:04 PM
Ronald A. Steinberg
Yes. Get a lawyer.
Answered on Apr 26th, 2013 at 12:48 PM
Ward Merdes
You probably have a claim. Gather your medical records / bills and call an attorney ASAP. Keep an eye on the Statute of Limitations or risk losing valuable legal rights.
Answered on Apr 25th, 2013 at 2:06 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You probably have a case under the law. Your economic damages (medical treatment costs) are probably not high enough to induce a lawyer to sue for you on contingency, but there's no harm in sending a demand letter at least.
Answered on Apr 25th, 2013 at 2:05 PM
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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I think you do have a worthy case. I would definitely argue that the restaurant was negligent. If you wish to protect your rights and recover maximum compensation for your damages, hire a good attorney.
Answered on Apr 25th, 2013 at 1:26 AM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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On the surface, it certainly appears that there was negligence on the part of the restaurant and that they should be held accountable for all of your child's medical related problems (past, present and future), and the expenses associated therewith. Yes, it appears that you have a "worthy case".
Answered on Apr 25th, 2013 at 1:23 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Probably worth pursuing. All cases are based on damages. Yours Are not great but worth something.
Answered on Apr 25th, 2013 at 1:05 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sounds like a case, the real question is if the owners are collectible or if the have insurance that can cover you damages.
Answered on Apr 25th, 2013 at 12:27 AM
You can and you should. I would first make a claim against the restaurant's insurer. If the insurer refuses to settle, you should then file a lawsuit. As the parent, you have a right to bring a lawsuit on behalf of your minor child. A reasonably prudent waiter would not place a scorching hot pot of tea in front of a 9 month old. The waiter is negligent, meaning that the restaurant would be liable for your son's medical bills and his pain and suffering. I can't even imagine the pain your son had to endure.
Answered on Apr 24th, 2013 at 9:05 PM
First, I am so sorry to hear about your son. I have an infant of my own, and I can picture something horrible like that happening to him at any moment. I hope your son heals and there are no lasting injuries (and I am happy for you that this was not worse than it turned out to be, as horrible as it was). It definitely sounds like the type of situation where the restaurant was negligent in placing the tea in front of your son. These cases are very fact specific and would require a deeper conversation regarding exactly what happened and how it happened, but to oversimplify, the question a jury would ask is, would a reasonable server/restaurant have placed that pot of hot tea in the location they placed it in. Based again on specific facts, if the jury believes it was unreasonable to do so, you are entitled to compensation, which would include compensation for medical bills, pain and suffering, and (for you) loss of consortium - which is essentially reimbursement for the loss of the relationship/companionship your son would have provided you absent this injury (like time lost playing together, bonding together, etc.) You would also be entitled to recover for future medical expenses and future pain and suffering if that is reasonably expected based on the medical evidence. Of course, 95% of cases never go to trial, so your attorney would build a case to show the other side why they should offer you a healthy settlement now because a jury is likely to find their actions unreasonable, and possibly compensate you much more. You should contact an experienced personal injury attorney who can help you assess the specifics of your case and the best litigation strategy.
Answered on Apr 24th, 2013 at 8:41 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In my opinion, you have a very good case. Contact an experienced personal injury lawyer in your area right away. Do not try to take this on by yourself and do not talk to any insurance company.
Answered on Apr 24th, 2013 at 4:00 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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I would be happy to help you. I hope you have pictures of your baby's injuries. Assuming that the facts are as you have described them, the restaurant is liable for the medical bills , the scarring and burns and the pain and suffering caused to your baby. You should talk to an attorney before doing anything else but it sounds like you have a very proper claim.
Answered on Apr 24th, 2013 at 3:59 PM
Car Accidents Attorney serving Warwick, RI
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Jules J. D'Alessandro Law, Inc.
Yes you can sue the restaurant for the negligence and incompetence of this employee.
Answered on Apr 24th, 2013 at 3:58 PM
James Eugene Hasser
Maybe, if the injuries and damages are severe enough to warrant the potential recovery. It sounds like there's no permanent damage, so my feeling would be that it might be worth the effort to file an insurance claim, with the goal in mind of settling and not going to court. Talk to an experienced accident lawyer.
Answered on Apr 24th, 2013 at 3:58 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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Contact an experienced personal injury lawyer in your area without delay.
Answered on Apr 24th, 2013 at 3:57 PM
Thomas Edward Gates
Yes, you may sue due to his injuries.
Answered on Apr 24th, 2013 at 3:56 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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Based solely on what you have written here, it seems you do have a good case. It would be a very good idea to hire an attorney as soon as possible to handle this case for you. It would be better for you to speak to at least two or three before you make a decision on hiring one. Just like with doctors, it helps to get a second opinion, and a third if possible. Ask a lot of questions, and listen carefully to the answers they give you. If you find an attorney who is able and willing to answer your questions in a manner that makes it easy to understand what he/she is saying and you are comfortable with him/her, then you can decide to hire him/her and follow the advice he/she gives you.
Answered on Apr 24th, 2013 at 3:55 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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It sounds like it to me expect them to raise the defense of comparative negligence, but I would still try to get a good personal injury attorney involved in it if I were you.
Answered on Apr 24th, 2013 at 3:54 PM