What to do if my 1 year old son was injured at the pediatrician’s office when he cut his finger on the water fountain’s exposed metal casing?

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What to do if my 1 year old son was injured at the pediatrician’s office when he cut his finger on the water fountain’s exposed metal casing?

It required 11 stitches and a trip to the emergency room. Are they liable and if so what should I do? They have agreed to pay all medical expenses.

Asked on August 1, 2013 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

They may be liable--it depends on whether it  would be considered negligent, or unreasonably careless, to have the metal casing set-up or exposed the way it was.

However, even if they were liable, for a cut which does not cause lasting impairment, the majority of your possible compensation would be the medical expense--which you seem to be getting anyway. Therefore, if you son, hopefully, has no lasting muscle/nerve/tendon/etc. damage and no lasting impairment, you are probably being offered as about as much as you could get in a lawsuit, so there is no reason to spend the time and money on a suit.

If on the other hand, your son has suffered some lasting damage or impairment, then you should speak with a personal injury attorney to see what a claim might be worth, how strong it is, and what it would cost you to pursue a claim. Good luck.


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