My 2 daughters (ages 8 & 5) and I went to a chain restaurant. My daughters ordered hot chocolate. Usually they put hot chocolate in small kids cups with lids. Except for this time, the hot chocolate arrived in bigger to-go sized cups without lids. My 5 year old went to lick whipped cream off the top and spilled the whole cup on herself. She immediately started screaming, crying and trying to take her shirt off. The manager came over, took a report, pictures and gave us burn cream and a bandaid. The waitress then brought out chocolate milk in the normal kids cups with lids. When I looked at my daughter's chest, there is a 3" by 1" spot where the skin looked as if it melted. We left (didn't charge us for food) and went to the ER, where we learned she has 2nd degree burns. Would it be worth it to contact a lawyer?
It is certainly worth a consultation about your rights and options. Injury lawyers normally offer free consultations.
I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
Speak to local counsel armed with a picture of the burn to see if they will accept representation.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Yes, you should contact a qualified personal injury attorney. Your daughter will possibly have scarring and/or discoloration (which may be permanent) in the area of the burn, and you will likely be responsible for medical bills for your daughter's medical treatment. You should, however, expect that the defense attorney will likely assert that you were careless in not more closely supervising your daughter in hopes of pinning some percentage of the negligence on you.
You absolutely should contact a lawyer to discuss your child's claim. As stated, consultations are free. You want to make sure you consult a lawyer who has handled these types of cases as they can sometimes be difficult.
The first thing you need to do is take pictures (THE MORE THE BETTER) of the burn. A picture is worth 1,000 words and this is a very strong piece of evidence to show how much pain your child was in. Secondly, ask the place of business via a certified letter to preserve all video evidence on the day of the accident. Often times, these strores will have inside video that will back up what you assert. It is entirely forseeable that any like child of the age of your daughter would spill the drink exactly how she did. Accordingly, that forseeability seals the issue of negligence in your favor of the place of business. Lastly, contact an injury lawyer so that the ball can get rolling; the sooer the better..good luck!
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline