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

UPDATED: Sep 18, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption