QUESTION
If waitress dropped "to go cup" of boiling water for hot tea on my arm and legs and my arm was burned, leg burned only small area, do I have a case?
Asked on Jan 02nd, 2014 on Personal Injury - Florida
10 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If it were entirely her fault and not yours and you have a genuine injury, then maybe so. Doesn't sound like much to me. costs 200 just to file a suit, plus who is going to pay the attorney for you?
Answered on Jan 06th, 2014 at 6:48 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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To the extent that you sustained damages, you have a legitimate case against the establishment since it was their employee acting on behalf of the employer when you were injured. You have a claim against the server as well, but in court, you would be better off naming the "mean old employer" as the defendant so as to prevent jury sympathy for the server who works for minimum wages.
Answered on Jan 06th, 2014 at 6:47 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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Yes to both questions.
Answered on Jan 06th, 2014 at 6:46 PM
James Eugene Hasser
Maybe, depending on what the waitress and her restaurant knew or should have known about the temp of the water and why she dropped the cup. If your injuries are severe enough, you may want to contact an experienced personal injury lawyer.
Answered on Jan 06th, 2014 at 6:46 PM
Sure you have a case, as she was clearly negligent. The issue is how much is it worth and is the restaurant owner willing to accept liability and make a reasonable offer. If it is worth only a few thousand dollars it will be difficult finding an attorney who is wiling to accept the case.
Answered on Jan 06th, 2014 at 1:24 PM
1 Award
Depending on the facts and the extent of your burns, you may have a case that is worth pursuing. I would call a lawyer if I were you. The statute of limitations in Wisconsin runs three years from the date of injury, so that is you absolute deadline for filing a case, if you should wish to do that.
Answered on Jan 06th, 2014 at 1:19 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you did not suffer injury requiring you to go to receive medical help, no. If you did, send a claim to the restaurant. You will probably get your medical bills paid and a little something for the pain and suffering.
Answered on Jan 06th, 2014 at 1:17 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Depends on how badly you were burned. Are you talking about scars, skin grafts and hospitalization, or just a tube of Silvadyne? If you were injured, yes you need a lawyer. If this is just one of those things, then forget about it.
Answered on Jan 06th, 2014 at 1:15 PM
I've successfully settled a burn claim where the waiter distracted by a flickering light poured hot tea on my client's arm. The case may not be worth a lot of money, but it's worth something.
Answered on Jan 06th, 2014 at 1:15 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Yes, you have a case; ask the manager for the restaurant for the name of his insurance company, and the offer they make you will depend on the nature of your burns. Make sure you take pictures of your burns and if you had to go to a doctor, save the bills.
Answered on Jan 06th, 2014 at 1:11 PM