QUESTION
What should I do if my daughter was burned at a local restaurant?
Asked on Sep 18th, 2011 on Personal Injury - Oregon
More details to this question:
My daughter was burned at a local fast food restaurant. She was admitted to the hospital twenty minutes later. Her diagnosis was partial thickness burns to the upper left thigh and her pubic area. The doctor advised me to take pictures. We ordered corn, the lid was improperly placed on the container and it spilled in her lap.
19 ANSWERS
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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It sounds like a very decent case of negligence against the restaurant.
Answered on Jun 23rd, 2013 at 10:47 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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What food spilled?
Answered on Jun 23rd, 2013 at 10:43 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. You may have a case.
Answered on Jun 23rd, 2013 at 10:42 PM
Civil Litigation Attorney serving Kansas City, MO
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The Unger Law Firm LLC
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I would strongly recommend that you contact an experienced personal injury attorney. The restaurant may very well be liable for the injuries that your daughter received, and an attorney will be able to help you navigate what will be required to obtain compensation for the injury.
Answered on Sep 20th, 2011 at 12:50 PM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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You should discuss the claim with an attorney who handles these types of cases.
Answered on Sep 20th, 2011 at 9:58 AM
Consult with a plaintiff's accident or personal injury attorney for legal advice and/or representation.
Answered on Sep 20th, 2011 at 9:30 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You need legal representation immediately. This is not a job for do-it-yourselfers. An experienced personal injury lawyer can get to the restaurant's insurance company or risk manager and start the claims process. If they show any signs of stonewalling, file suit.
Answered on Sep 20th, 2011 at 9:28 AM
Criminal Law Attorney serving Centennial, CO
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Law Office of Mark P. Miller
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You could consider suing the waiter/waitress and possibly the restaurant for negligence. Contact an attorney in the city where you live who handles these kinds of civil actions. And like the doctor suggested take pictures of your daughter's injuries and keep a log of her progress.
Answered on Sep 20th, 2011 at 8:33 AM
I think your doctor has given you good advice. Document the injuries. You should then visit a personal injury lawyer to see if the facts of your case add up to a claim. Virginia is one of the few states left that still has contributory negligence as a complete defense to negligence. In other words, your daughter must be free of fault in causing the burns. Since the lid was not fastened properly, you may have a case.
Answered on Sep 20th, 2011 at 8:02 AM
Truck Accidents Attorney serving Indianapolis, IN
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Craig, Kelley and Faultless LLC
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Because of the extent of the injuries you should contact an injury attorney to see if you have a case or not. It sounds like you do from the information in your e-mail but an attorney will need to go into more detail. The most important thing to do is to get your daughter proper medical treatment. However an attorney will investigate several factors such as whether this has happened before, how hot they are serving the product and whether that is a normal temperature or not. Just because your daughter got burnt doesn't mean that she has a case but because of the extent of the injuries it should be looked into by an experienced personal injury lawyer.
Answered on Sep 19th, 2011 at 8:53 PM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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You first should contact a lawyer to assist you in contacting the restaurant. People often want to give a statement to the responsible party or its insurance company. You eventually may do that, but its most important to contact a lawyer first before giving any critical information.
Answered on Sep 19th, 2011 at 8:37 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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You need a personal injury lawyer. This sounds like negligence. The restaurant most likely has liability insurance. Assuming that the restaurant reported the incident you will be getting a phone call from an insurance adjuster who will want to take a recorded statement from you, your daughter and any witnesses. The adjuster will try to trick all of you into saying something that harms your daughter's case. Do not talk to the adjuster. Refer him/her to the lawyer that you have hired. Depending on the seriousness of the burns this could be a very significant case monetarily particularly if your daughter has to have skin grafts. Don't try to handle this claim yourself any more than you should try to do surgery on your daughter yourself.
Answered on Sep 19th, 2011 at 4:20 PM
Business Counseling & General Corporate Attorney serving Seattle, WA
Partner at
Carney Badley Spellman, P.S.
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You should talk to an experienced personal injury attorney immediately - at least so you can understand your options. Make sure to keep your receipts and medical records.
Answered on Sep 19th, 2011 at 4:20 PM
Personal Injury Attorney serving Orlando, FL
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Wooten, Kimbrough, Damaso & Dennis, P.A.
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The most important action is what you have already done by getting immediate treatment for your daughter. Before talking to representatives of the restaurant you should consider talking to an attorney as soon as possible to protect the rights of your daughter. If you have not taken photographs, you should do so now to document her condition.
Answered on Sep 19th, 2011 at 4:03 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You should make an incident report at the restaurant. Retain a copy, and get the names and phone numbers of all witnesses, including customers who were present. You should also contact an attorney right away.
Answered on Sep 19th, 2011 at 3:59 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Consult with a personal injury attorney at your earliest convenience. If your daughter was under the age of 18, you will have to be the plaintiff on her behalf. The doctor gave you good advice to take pictures of her burns, so make sure you make copies for your lawyer, and follow up with whatever physician the emergency room physician referred you to.
Answered on Sep 19th, 2011 at 3:53 PM
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Your daughter may have a case against the restaurant. If you can prove negligence against the restaurant, she would be entitled to her medical expenses and pain and suffering. Your daughters pain and suffering would include physical and mental pain & suffering as well as the scarring and disfigurement from the burns. You will need a personal injury attorney to help you prove your case against the restaurant. Usually fast food restaurants have a third party claims company that administrates all of their claims. The goal of the 3rd party administrator is to pay out as little as possible.
Answered on Sep 19th, 2011 at 3:45 PM
You should consult with a lawyer. Liability and damages will depend on your daughter's age, the full extent of her injuries, how and why the container spilled, whether anyone else in your family handled the container before your daughter did, as well as other factors.
Answered on Sep 19th, 2011 at 3:45 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds a lot like the McDonalds coffee burn of several years ago that created a national flap. If this was the result of the restaurant s negligence, make sure she gets the best care, ask the manager to turn this over to their liability insurance claims office.
Answered on Sep 19th, 2011 at 3:45 PM