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9month old burned, should I sue?

Garland, TX |
Filed under: Personal injury

My 9month old , my sister and I all went to dinner at On The Border, when the food runner brought out the tray full of food she set it right beside my son- less than a foot away. Not only did she set it close but set the sizzling fajita skillet where he grabbed it! He has 2nd degree burns on 3 fingers! There was NO apology from the runner, nor the server.. Nobody brought the manager over! After 30 minutes of trying to call my son I asked for the manager who preceeded to give a half assed apology and if medical care was needed thu Would pay- very hurried not at all sincere!! My family thinks I should sue, I'm unsure...

Attorney Answers 5


Whenever anyone sustains a serious burn injury, I would advise them to retain a local personal injury lawyer to evaluate the potential case. You can search Avvo's "find a lawyer" for a lawyer in your state and call for a free evaluation.

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To me the issue of whether to sue or not is the extent of damage to your son's hands. Get him thoroughly checked out medically. The doctors may tell you it will take a while to determine if there is any damage to tendons and muscles. Is there scar tissue that will hinder his development? You have until 2 years after he reaches 18 to file suit. So there is plenty of time to see what the extent of his injuries will be. For the present, make sure a written claim is filed with On The Border and you get the name of their insurance co. As a parent and now a grandparent, I know how painful it is to see your child suffer. Sue only if the injuries are long term and will hinder his development, however, would be my advice. Good luck!

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I agree with Mr. Vereeke that whether your case warrants a lawsuit depends in significant part on the damages sustained by your son. If your son has required medical treatment, I would seriously consider contacting a personal injury attorney who handles burn cases. Second degree burns are not as bad as third degree burns but still can be fairly serious. Good luck.

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.

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In my opinion - any burn case that is caused by another party should be evaluated by a reputable attorney in your area. I have worked on serious burn cases and there may be future damages you are not aware of at the moment.

All responses on this site by this attorney are considered practical & general and does not constitute absolute or final legal advice. It is always best to consult a lawyer in your area on your exact case/claim. Each state has different laws, statutes of limitations and regulations. This lawyer is only licensed in the State of Texas.

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13 lawyers agree


I would recommend getting photographs of the burns and seeking medical attention as soon as possible. Then call a personal injury attorney in your area. A qualified attorney can tell you what your options are and determine if it is a case worth pursuing.

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