What should I do if my daughter was burned at a local restaurant? 28 Answers as of July 09, 2013

My daughter was burned at a local fast food restaurant. She was admitted to the hospital twenty minutes later. Her diagnosis was partial thickness burns to the upper left thigh and her pubic area. The doctor advised me to take pictures. We ordered corn, the lid was improperly placed on the container and it spilled in her lap.

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The Unger Law Firm
The Unger Law Firm | Jeffrey Unger
I would strongly recommend that you contact an experienced personal injury attorney. The restaurant may very well be liable for the injuries that your daughter received, and an attorney will be able to help you navigate what will be required to obtain compensation for the injury.
Answer Applies to: Missouri
Replied: 9/20/2011
Ramunno & Ramunno, P.A.
Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
You should discuss the claim with an attorney who handles these types of cases.
Answer Applies to: Delaware
Replied: 9/20/2011
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
Consult with a plaintiff's accident or personal injury attorney for legal advice and/or representation.
Answer Applies to: Indiana
Replied: 9/20/2011
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
You need legal representation immediately. This is not a job for do-it-yourselfers. An experienced personal injury lawyer can get to the restaurant's insurance company or risk manager and start the claims process. If they show any signs of stonewalling, file suit.
Answer Applies to: New York
Replied: 9/20/2011
Law Office of Mark P. Miller | Mark Miller
You could consider suing the waiter/waitress and possibly the restaurant for negligence. Contact an attorney in the city where you live who handles these kinds of civil actions. And like the doctor suggested take pictures of your daughter's injuries and keep a log of her progress.
Answer Applies to: Colorado
Replied: 9/20/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    I think your doctor has given you good advice. Document the injuries. You should then visit a personal injury lawyer to see if the facts of your case add up to a claim. Virginia is one of the few states left that still has contributory negligence as a complete defense to negligence. In other words, your daughter must be free of fault in causing the burns. Since the lid was not fastened properly, you may have a case.
    Answer Applies to: Virginia
    Replied: 9/20/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    I am sorry to hear about your daughter. There is probably a case here but it may be difficult to show that the restaurant was negligent. I would pursue it with an attorney.
    Answer Applies to: Pennsylvania
    Replied: 9/20/2011
    Craig Kelley & Faultless
    Craig Kelley & Faultless | David W. Craig
    Because of the extent of the injuries you should contact an injury attorney to see if you have a case or not. It sounds like you do from the information in your e-mail but an attorney will need to go into more detail. The most important thing to do is to get your daughter proper medical treatment. However an attorney will investigate several factors such as whether this has happened before, how hot they are serving the product and whether that is a normal temperature or not. Just because your daughter got burnt doesn't mean that she has a case but because of the extent of the injuries it should be looked into by an experienced personal injury lawyer.
    Answer Applies to: Indiana
    Replied: 9/19/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    You first should contact a lawyer to assist you in contacting the restaurant. People often want to give a statement to the responsible party or its insurance company. You eventually may do that, but its most important to contact a lawyer first before giving any critical information.
    Answer Applies to: Oregon
    Replied: 9/19/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. You may have a case.
    Answer Applies to: New York
    Replied: 6/23/2013
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    Your problem would be proving the restaurant was negligent. If they were not as careful as a reasonably prudent restaurant, then perhaps you should speak with an attorney about proceeding to investigate the situation further.
    Answer Applies to: Washington
    Replied: 9/19/2011
    Pivotal Law Group, PLLC
    Pivotal Law Group, PLLC | Christopher L. Thayer
    You should talk to an experienced personal injury attorney immediately - at least so you can understand your options. Make sure to keep your receipts and medical records.
    Answer Applies to: Washington
    Replied: 9/19/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    You need a personal injury lawyer. This sounds like negligence. The restaurant most likely has liability insurance. Assuming that the restaurant reported the incident you will be getting a phone call from an insurance adjuster who will want to take a recorded statement from you, your daughter and any witnesses. The adjuster will try to trick all of you into saying something that harms your daughter's case. Do not talk to the adjuster. Refer him/her to the lawyer that you have hired. Depending on the seriousness of the burns this could be a very significant case monetarily particularly if your daughter has to have skin grafts. Don't try to handle this claim yourself any more than you should try to do surgery on your daughter yourself.
    Answer Applies to: Georgia
    Replied: 9/19/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    What food spilled?
    Answer Applies to: Montana
    Replied: 6/23/2013
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You should make an incident report at the restaurant. Retain a copy, and get the names and phone numbers of all witnesses, including customers who were present. You should also contact an attorney right away.
    Answer Applies to: Oregon
    Replied: 9/19/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    You have until she is 21 years old plus two years to sue them because she is a minor. Document the injuries scrupulously and do not sign anything the fast food chain or their insurer sends you without letting an attorney review it. If your daughter heals well then that is the most important thing. Focus on her healing first, then get seek compensation. By then (a few months? A few years?) the true extent of the damage will be easier to calculate. Send the fast food chain a letter stating the incident and that you will be evaluating the situation. That way you have given them notice and they cannot later claim you made it up or waited too long.
    Answer Applies to: New Jersey
    Replied: 9/19/2011
    Wooten, Kimbrough & Normand, P.A.
    Wooten, Kimbrough & Normand, P.A. | Orman Kimbrough, Esq.
    The most important action is what you have already done by getting immediate treatment for your daughter. Before talking to representatives of the restaurant you should consider talking to an attorney as soon as possible to protect the rights of your daughter. If you have not taken photographs, you should do so now to document her condition.
    Answer Applies to: Florida
    Replied: 9/19/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Consult with a personal injury attorney at your earliest convenience. If your daughter was under the age of 18, you will have to be the plaintiff on her behalf. The doctor gave you good advice to take pictures of her burns, so make sure you make copies for your lawyer, and follow up with whatever physician the emergency room physician referred you to.
    Answer Applies to: Florida
    Replied: 9/19/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    This sounds like a tough one. I would need to know more about what happened.
    Answer Applies to: Alabama
    Replied: 6/23/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    I am wondering who might be at fault. Restaurant could have some liability for failure to make the closure properly. Some other person may bear some liability for not being careful in receipt of the container. Liability, if any seems to be small claims.
    Answer Applies to: California
    Replied: 9/19/2011
    Sargent Law Firm
    Sargent Law Firm | Ryan Sargent
    Your daughter may have a case against the restaurant. If you can prove negligence against the restaurant, she would be entitled to her medical expenses and pain and suffering. Your daughters pain and suffering would include physical and mental pain & suffering as well as the scarring and disfigurement from the burns. You will need a personal injury attorney to help you prove your case against the restaurant. Usually fast food restaurants have a third party claims company that administrates all of their claims. The goal of the 3rd party administrator is to pay out as little as possible.
    Answer Applies to: California
    Replied: 9/19/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It sounds like a very decent case of negligence against the restaurant.
    Answer Applies to: Michigan
    Replied: 6/23/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If you would like to discuss this matter further.
    Answer Applies to: New York
    Replied: 7/9/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Sounds a lot like the McDonalds coffee burn of several years ago that created a national flap. If this was the result of the restaurant s negligence, make sure she gets the best care, ask the manager to turn this over to their liability insurance claims office.
    Answer Applies to: North Carolina
    Replied: 9/19/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    You should consult with a lawyer. Liability and damages will depend on your daughter's age, the full extent of her injuries, how and why the container spilled, whether anyone else in your family handled the container before your daughter did, as well as other factors.
    Answer Applies to: Oregon
    Replied: 9/19/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    I would recommend that you arrange for a consultation with an attorney in your area who handles personal injury matters and who should be able to give you some worthwhile advice on this particular matter.
    Answer Applies to: Virginia
    Replied: 9/19/2011
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