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

Answers:

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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.