Lack of care in restaurant with high chairs

We ate at big chain restaurant this weekend. We ‘snapped’ the lock in the high
chair our child leaned forward and the ‘latch/ lock’ was broken causing the baby
to flip out and giving a big swelling and bruise. We did ice it prior to calling a
manager and once I was able to calm and relax the baby I did call a manager
right away with in 10 min or so. Is there any responsibility on the restaurant for
lack of care with the high chair we placed our child in?

Asked on June 20, 2016 under Personal Injury, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If, as we hope, your child has only some swelling and a bruise, there's no point in even thinking about suing. While the restaurant might be liable, or responsible, if they had and gave you a chair with a broken latch (since doing so is negligent, or unreasonably careless), you can only recover compensation for actual out-of-pocket (not paid by medical insurance) medical costs, lost wages (if you missed, say, a day of work tending to your child), and, for injuries resulting in significant and long lasting (months or longer) life impairment, disability, or disfigurement, some amount for "pain and suffering." For swelling and bruising with no significant medical costs and no long lasting impairment, you'd spend more on the lawsuit than you'd get back. 

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