If my 5 year-old daughter was burned at a restaurant chain due to their negligence, what is our legal recourse?.

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If my 5 year-old daughter was burned at a restaurant chain due to their negligence, what is our legal recourse?.

We ordered corn and the lid was not on correctly; she spilled it in her lap. The way they handled the situation  byI was very offended. I took her straight to the hospital where the doctor advised me to take pictures. She was diagnosed with partial thickness burns to the upper left leg and vagina. Should I speak with a personal injury attorney? In Richland Hills, TX.

Asked on September 18, 2011 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should speak with a personal injury attorney: if the restaurant was negligent and you were not also negligent, then you may be able to sue them for the damages--e.g. medical care; possibly pain and suffering--if they are significant enough to justify the cost of a lawsuit.

The issue may be whether you are contributorily negligent (also called comparatively negligent) as well. That means that if your own negligence or carelessness contributed to the accident, your ability to recover damages, or the amount you can recover, may be reduced. Depending on the circumstances--was hot corn ordered for the 5 year old, which may be inappropriate; even if the lid might have been loose, where you or your child the one who knocked it over--it may be that your negligence contributed as well.

That said, if your child had significant pain, suffering, or medical costs, it would be worth exploring your options with a personal injury attorney. Good luck.


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