Can I do anything about my daughters burn

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Can I do anything about my daughters burn

Me and my 4 year old daughter were at Disney on vacation. The server brought her a lit cupcake and placed it in front of my daughter. He than proceeded to place a card signed by princesses behind it. Before I could stop it my daughter reached for the card burning her arm. Is there anything I can do?

Asked on September 28, 2016 under Personal Injury, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Prior to filing a lawsuit against Disney based on premises liability, it may be possible to settle your daughter's case with Disney's insurance carrier.  Notify the insurance carrier in writing of your daughter's personal injury claim.
When your daughter completes her medical treatment and is released by the doctor, obtain her medical bills and medical reports.  Her personal injury claim filed with Disney's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of her injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.
If the case is settled with Disney's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit on behalf of your daughter against Disney based on premises liability.
You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.
If the case is NOT settled, the lawsuit on behalf of your daughter must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights in the matter forever.


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.

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