What legal action can I take if my 8 year old son found a syringe/needle in a and restaurant chainpoked his finger?

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What legal action can I take if my 8 year old son found a syringe/needle in a and restaurant chainpoked his finger?

When I realized what it was I brought it to attention of the manger and filled out an incident report. My son seems alright just hoping it wasn’t used or dirty, etc. Is there anything I can do? They gave me a free meal but my child’s or the next child’s safety is my concern.

Asked on April 16, 2012 under Personal Injury, Oklahoma

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

in New York, courts routinely dismiss in summary judgment, cases where the action is basd on fear of contracting an illness based on a needle stick.  If god forbid, something is contracted by this incident, then that changes things. 

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 years ago | Contributor

I would advise you to take your child to the doctor. Get all the tests which the doctor might recommend.

You should do it for 2 reasons:

1. Your child's health and safety.

2. Negligence has to equal damage. It is clear that restaurant was negligent and had a duty of care towards patrons. However, if the act did not cause any injury, then there is no basis for legal action.

If there is some sort of damage to your son, namely medial ailment, then you can bring a lawsuit. 

As such, you might say that it caused damage by way of worry and anxiety etc. However, in my humble opinion, it does not give rise to legal claim, ar at least one which an attorney would be interested in.


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