If my son was injured at restaurant, can I fine them?

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If my son was injured at restaurant, can I fine them?

My son slipped and fell at the restaurant, he got injured on his head.The manager’s took him to their first aid and the guy from first aid he said my boy doesn’t need to be stitched as this is a small wound but when I took him to the clinic the following day the nurse said he was suppose to be stitched the previous day because an open wound might get infection. The owner promised to call me but he never called me.I send an email to his head office to complain. That’s when he started to call me and apologized and gave me a meal voucher for $500.

Asked on January 20, 2017 under Personal Injury, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First, to successfully sue, you'd have to prove they were at fault in causing the fall: the restaurant does not act as an "insurer" for its clients; they are only liable when they are at fault in causing the accident or injury. So you'd have to show something like your son slipped on a puddle of soup a waiter spilled and did not clean up, or a patron had spilled a glass of water, told the staff, but the staff refused or failed to clean it up in a reasonable time. Unless you can show that the restaurant was at fault in some way, they are not liable.
Second, even if they were at fault and liable, you can only recover money equivalent to the actual out-of-pocket (not paid by insurance) medical costs you incurred and IF you son suffered significant disability, disfigurement, or life impairment lasting many months or more, some amount for "pain and suffering"--but if (as we hope) he is ok and just needed stitches, there is no point in suing--you'd spend more on the lawsuit than you'd get back. 


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