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Hello I recently filed a claim against McDonalds that was denied can file small claims suit?

San Bernardino, CA |

I suffered a burn injury from McDonalds and since it didn't result in permanent damage or scarring they denied my claim. I was only asking for compensation for the medical expenses and loss of work. Can file a small claims suit? And how do I do I do that. I was informed by to lawyers that would be the best way to get compensation since the injury was minor. Please help. Please see my other questions which all relate to this issue.

Do I sue McDonalds or the franchise owner or both

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Attorney answers 9

Posted

What exactly happened in your accident? Please provide a detailed explanation of what happened to you.

View my website & call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Asker

Posted

Hello here are some details. I purchased two cups of coffee in the drive thru at Mc Donalds on 1/28/2013 for myself and daughter that was also in the car with me. I pad at one window and went to the second window to pick it up. I reached my hand out to get the coffee and when she placed it in my hand the lid came off completely the liquid spilled on my hand and fingers and i dropped the coffee and screamed and the employee tossed two napkins in my car. She didnt offer ice or a towel or a refudn or anything. Once i left there i went to my urgent care doctor to receive car for my burn. I later on that day filed a complaint online and i was contacted by the franchise owner who a week later sent a gift card for 10$ no note or apology or anything. I later met with the claims person twice gave a recorded statement. They asked for an amount i gave them one and they denied the entire claim.

Michael Shemtoub

Michael Shemtoub

Posted

email me this information. We will discuss it tomorrow.

Wendy Ha Chau

Wendy Ha Chau

Posted

Sounds like the same scenario /facts like most McDonald coffee spill cases. I'm sure they will settle for something if they were contacted by an attorney. Goodluck guys.

Posted

You can try filing a lawsuit in small claims court. The link I have provided, for you below, is from the California Courts website, and explains the small claims process. Best of luck to you.

This attorney is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.

Asker

Posted

Do I sue Mc Donalds or the franchise owner or both ?

Posted

You should definitely sue the franchise owner (check the fictitious business name statement for that location.) You can also sue McDonalds corp, but I dont see a practical reason for you to do so here.

Posted

Yes, small claims court is a good option.

Posted

Of course you can sue them in small claims. Get after them.

DISCLAIMER: The information gathered from this website, Tryk Law or Benjamin P. Tryk is not legal advice. If you are in search of legal advice, you should consult with an attorney about your specific situation. Communicating with Tryk Law, Accident Injury Attorneys through the use of this website does not establish an attorney/client relationship. You should not disclose any information that you consider confidential until an attorney/client relationship has been created.

Posted

If you proceed by way of small claims court, be aware that the movie has plowed some ground.

Your post does not address the critical facts: what kind of medical care was necessary to treat this injury, and were you factually incapable of working because of the injury? Small claims court judges can be a bit wry about "hot coffee" claims because of the movie, so you will need medical evidence that a physician did something other than first aid and that a physician instructed you to stand down from performing your regular duties of your employment for whatever period of time.

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Wendy Ha Chau

Wendy Ha Chau

Posted

agree with this attorney, also wage loss as well from not being able to work due to burn...

Posted

More details are necessary to respond to this question. First of all, you must prove that McDonalds was liable for your injury because they did something or failed to do something that resulted in your injury. If if were not for what they did, you would not have been injured. Keep all receipts, make sure you have evidence such as photos and witnesses before going to court. Most important be prepared for court. Good luck.

Posted

We need more facts regarding your injury /and damages. You should first talk to an attorney in your local area and have him/her take a look at your medical records/case. It does so happen that some people don't scar as easily as other people and might even heal quicker, but that doesn't mean that the pain and suffering was any less.

We settled a few cases with McDonalds before. BUTI do agree with the other attorneys, (name them all in your suit) sue them all, either in small claims or with an attorney's help. If you have not filed your suit yet you should consider it because the statute of limitation is 2 years from date of loss. Best of luck! :)

*Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter. You may contact me directly at (415) 362-6765 ext.120; website: www.wc-advocateforjustice.com. (Attorney for Law Offices of William E. Weiss)

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

If you have a small case, the franchise owner will have more than enough ins coverage to pay for your claim or small claims court judgment. If you also sue the franchisor corporation, you will have more expense for process serving, and you will need to get into side issues that can be complex. You would need to show that the franchisee was an agent for the franchisor corp., apparent agency, agency by estoppel, etc. It would also allow 2 people to be there for the defense side instead of 1. I have sued McDonalds for a hot coffee spill before, and Ive sued Taco Bell franchise and corporate parent. Sometimes there are reasons to name the franchisor and the franchisee, sometimes not. Unless you have a good reason to do so in your case, Id consider carefully before you do sue both. Respectfully to my colleague, Ms. Chau.

Posted

You can get free assistance from the Small Claims Advisor but, for now, you'll want to prepare a Claim of Plaintiff; the form probably can be downloaded from your local court's website or the State Judicial Council's website or you can fill one in at the courthouse. You will need to know McDonalds agent for service of process; you might easiest get that from McDonalds.

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