QUESTION
Can they sue the restuarant if the baby got burned by hot water?
Asked on Mar 12th, 2012 on Personal Injury - California
More details to this question:
The server brought out the hot water and placed it on the table. The baby reached out and the water spilled on her. Can the family file a lawsuit against the restaurant based on the claim that the server put hot water in front of the baby?
2 ANSWERS
Alimony Attorney serving Huntington Beach, CA
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Law Office of Jeffrey D. Stearman
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Generally, the burden of proof of negligence would be upon you to prove the waiter knew the baby was there and place the hot water in front of the baby with knowledge the baby could reach it or that it was reasonably foreseeable the baby could reach it and get burned. Their defense most likely will be negligent supervision on your part. Also, unless the baby's injuries were serious and required medical attention and followup and possible scaring, you may have trouble finding an attorney to take the case. You can always also sue in Small Claims court for up to $10,000 and neither party can have a lawyer and you are in court within about 6-8 weeks. Also, if there are medical bills, generally most businesses have liability insurance that will cover medical bills up to a certain amount-usually $1,000-$2,500- that is available for anyone injured on the premises regardless of fault.
This response is general in nature and should not be considered legal advice.
Answered on Apr 19th, 2012 at 12:21 PM
Personal Injury Attorney serving San Luis Obispo, CA
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Harris Personal Injury Lawyers, Inc.
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If the restaurant or its employees were negligent with respect to the temperature or placement of the water that was served, the minor child, and any family members who witnessed the event, could have a negligence action against the restaurant. I would strongly urge the family to contact a qualified personal injury attorney right away for a case consultation.
Answered on Mar 19th, 2012 at 7:29 PM