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What and How to Claim from a restaurant injury due to employees fault?

Owings Mills, MD |

My husband and i went to UNO Chicago grill yesterday and the waiter walking beside me dropped the food tray and the hot cheese which they just took it out of the oven splashed on my face and clothes and phone. My skin on the face peeled off like 3 inches in length immediately and its burning a lot. I am currently 18 weeks pregnant and i am not sure if this burn would effect the baby or will that burn leave a scar on the face which i would not like. They did make us fill in the paperwork and their insurance guys called us today. But i am not sure how and what to claim from them. Please suggest! Thanks.

Attorney Answers 5

  1. I'd recommend you immediately contact a Maryland attorney who handles personal injury matters. Avvo has a great tool for this.

    This Answer does not constitute legal advice, nor does it create any type of attorney-client relationship. This Answer, being freely made available to the public, does not constitute a privileged attorney-client communication, nor is it an attorney work-product. Instead, this Answer provides general information in response to a general question, as published on a public message board. This Answer may contain incorrect or inaccurate information. If you are seeking legal advice, consult with an attorney privately.

  2. The best advise that any of us can give you is to consult with an experienced MD personal injury attorney who can guide and protect you, and do not speak any further to the insurance company or their representatives.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.

  3. You have a claim to make, based on the apparent negligence of the waiter. You should have your injuries attended to immediately, and once that is addressed, you should contact a lawyer in order to place UNO on notice of a claim. There are many variables that can come into play, and you do not want to make a quick settlement, which is what their insurance company may want you to do. Do not give them nay recorded statement, take photos of your injury, and contact a lawyer who practices personal injury law. There are many of us on Avvo who are able to assist.

    Please remember, however, that specific questions entail specific facts as to which an experienced lawyer can give you reliable advice. Both my and other lawyers' answers to questions on Avvo are for general purposes only and do not establish an attorney-client relationship; nor should they be considered legal advice. They also are simply responses to the questions that are posed, and do not necessarily address every circumstance in your particular situation. Your best approach may be to contact a lawyer directly through Avvo, and have a consultation at which time you can provide complete details.

  4. There are two types of claims to be made here. One is for "med pay" (medical payments) coverage. That will pay for any medical expenses. The other claim is for their negligence, and that pays for your medical expenses, any lost wages, and any pain and suffering, including for any permanent scarring. Hopefully there will be none but you should definitely speak to an attorney so you are able to handle the claims process properly.

  5. You absolutely have a case against the restaurant as a result of your accident. I am sure the waiter did not intend to cause you harm, however his negligence in carrying out his duties resulted in serious injuries to you. There are claims to be made against the waiter and the restaurant, though the waiter would be covered by the restaurant's insurance due to him being on the clock when the accident occurred. An experienced personal injury attorney can help you evaluate your case and investigate potential claims after consulting with your medical professionals. There may be "Med-pay" coverage available through the restaurant to assist with medical expenses. This is a separate claim from any tort actions that may be brought, and you need to be careful that there insurance company doesn't have you sign any paperwork releasing them from liability in exchange for accepting these benefits. Finally, the burns that you received to your face may result in scarring. My firm and I have obtained significant recoveries for clients who suffered scarring in the past as this is a very big issue for judges and juries.

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