What do you do if your child was burned by pizza at a restaurant?

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What do you do if your child was burned by pizza at a restaurant?

A 7 year old child picked up a piece of pizza and the dripping cheese was so hot that the child had 2nd degree burns and blisters on her hand. There was no permanent physical damage only emotional distress. The manager and the regional manager were informed but the company owning the restaurant has failed to make any response to the claim for over 2 months, Can the company be sued and what is needed to prove the case?

Asked on July 9, 2012 under Personal Injury, Maryland

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 11 years ago | Contributor

You can bring a claim against the company.  The value of your claim would be based on the amount of medical bills your daughter has incurred as a result of the burn.  You will have to show that the pizza was unreasoably hot, beyond what a consumer's expectations might be for pizza.  Before bringing a formal lawsuit, I would make sure a claim has been set up with the pizza restaurant's liability insurance carrier and try to settle the matter with them before bringing a formal lawsuit.  Lawsuits involve costs to you and can be time consuming, so you have to weigh whether or not it is cost effective for you to bring a lawsuit in this instance.  


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