PHOTOS My Child was injured at a restaurant, what should I do?

[cpamomfromtexas]

At this point I won't say which restaurant, but he needs plastic surgery. Today they offered him $4500, so I left. Any suggestions will be appreciated.

Is there any harm if I tell where this occurred publicly?

Many thank you's in advance, I really admire the democratic underground.

http://www.flickr.com/photos/48288974@N00/

[Bouncy Ball]

1. You need to be talking to an attorney about this, not us.

Even attorneys posting here probably can't give out any official legal advice.

Why did you say photos? And sorry about your child, but get an attorney ASAP.

[cpamomfromtexas]

4. I got one, he was mad I didn't settle

[Warpy]

13. Since you don't know what the final medical bills will be

and they might be considerable down the road if the permanent tooth "bud" was damaged along with the baby tooth, settling for today's medical costs was probably not a great idea. A pediatric dentist can give you a better idea of what the damage might be.

Find another lawyer.

[Kraklen]

2. File a police report.

Hire a lawyer.

[SouthernDem2004]

23. The Police do not take reports for such things. /nt

[Kraklen]

27. Yeah, I know, I hadn't clicked the link before replying.

Now that I have, I don't think she's got a case.

I'd have taken the money.

[SoCalDem]

3. woops.. saw the pics

call a lawyer..

It looks like it would be a baby tooth, so probably they will weasel on that one.. They'll say.. oh well in a few years he'll get a brand new one:(..
\
\But they should be responsible for any treatment he needs now, and you might want to see a pediatric dentist, to make sure he did not damage the permanent tooth buds.

Pooor little guy :( :hug:

[cpamomfromtexas]

5. Patron

He was 23 1/2 months old and was only 3 feet from my mom when he fell on that sandbag looking thing.

http://www.flickr.com/photos/48288974@N00/

[Sandpiper]

6. Speak to an attorney immediately

And accept no settlement before you have.

[cpamomfromtexas]

9. They tried to convince me juries would not take kindly to this

[Bouncy Ball]

10. Do you have an attorney or not?

You really need someone who can give you expert legal advice.

[cpamomfromtexas]

12. I do, but after today, wonder if I should keep him.

[Maddy McCall]

14. Of course they told you that. But that doesn't mean it's so.

They try to talk you out of taking it to court.

Find a new lawyer--one that will support you in the decisions you make.

And have your kid see a pediatric dentist who can x-ray him and make sure that his permanent teeth haven't been damaged.

How does your child need plastic surgery?

[cpamomfromtexas]

18. It's been 2 years and his lip still has scar tissue.

He also can't speak too clearly.

[Bouncy Ball]

21. It's been two years?

Is that why your attorney encouraged you to settle instead of going to court?

[Poppyseedman]

7. The McDonald's corp will settle

Just hire an attorney to write them a nice little letter explaining how much it will cost them to go to court.

Take your 60 % and never eat there again

[helderheid]

8. POOR BABY!

Wish I had advice!! My mommy heart goes out to you

[Mythsaje]

11. I would recommend

saying as little as possible to anyone BUT a lawyer until you get a solid idea of what kind of case you may or may not have. Public exposure too soon can seriously screw litigation efforts.

DO NOT go around telling people what happened unless your lawyer tells you it's okay. You don't want to name the place or pass along too much information.

I can't stress this enough.

And, no, I'm not a lawyer.

Just an author.

[Bouncy Ball]

16. I was just about to say that.

Putting the pictures on the internet and talking about it on a 72,000 plus member message forum might not be the best idea right now.

[Mythsaje]

20. I have a friend who's going through

a serious medical malpractice suit right now. That's the advice SHE was given. Say nothing to anyone.

I'm a close friend and co-worker, and I know only the bare bones. And think that's perfectly fine. I wouldn't want to know anything that could mess up her chances of getting what she deserves out of the deal.

[Bouncy Ball]

22. I've always heard that, too.

Until the thing is settled one way or another, it isn't good to make the information public.

[GreenPartyVoter]

15. Definitely a lawyer *hugs*

[seabeyond]

17. lots of hugs and kisses to the pain inflicted on your child

first. having little ones i know it is horrible watching them suffer. and i have had a few fat lips myself.

i am not seeing damage for plastic surgery. maybe i missed that information.

for real. i wouldnt sue. i am so tired of the sue everyone. it was an accident, he will heal. shit happens

i just dont agree and i wouldnt

[flordehinojos]

19. do you have an attorney? after whatever cut he might take from whatever

you get, you might still get more than the $4500... that your child will need for his medical bills PLUS what they call "Pain and Suffering".

[warrens]

24. I am going through this right now

My daughter was hit by a truck. The normal settlement is THREE TIMES the medical bills. You get a third, the lawyer gets a third, and the insurance company gets its bills paid. however, with plastic surgery, that is not the case. That will mean more.

You really need a good attorney. I have no idea what the damages are, but if it is a stitch or two, take the $4500. If it involves surgery, sue.

[warrens]

26. Looking at the pic, take the $4500

It's a fair offer. Check on plastic surgery prices, but probably $1000 will cover it. My daughter put a tooth through her lip at age 2 and needed to have it taken care of. It cost $600, total, in a private clinic. My insurance covered it. I'd take the money and pay cash.

[IdaBriggs]

25. I'm going to ask some questions. My apologies if they seem harsh.

I am NOT a lawyer, and I do have sympathy for small children who are injured. If I was called to jury duty, these are some of the questions I would be asking:

-- Was your child playing when he was injured?

-- Were you standing right next to him when it happened? If not, how far away were you?

-- What steps did you take to protect your toddler from what you call a "tripping hazard?"

-- Two year olds are rarely steady on their feet. Has your child EVER been injured in a fall prior to this incident, especially under your care?

-- Is the injury permanent? (As in, is it just a baby tooth?)

-- Do you have medical insurance? Did it and/or will it cover any medical costs incurred?

-- Without trying to be insensitive, accidents happen. Do you have any reason to believe this was something other than an accident? For example, have any other children been injured similarly prior to your child's incident?

-- Why would you believe a national chain restaurant should be more responsible for your child's safety than you are?

There is always a time and a place for appropriate lawsuits; money aside, what do you want out of this one?

[cpamomfromtexas]

28. His expenses paid and lawyer paid for

This includes his future expenses related to the injury. Speech therapy etc.

They actually just hosed this mat off and put it back in place to trip the next kid.

[IdaBriggs]

29. Can you answer the rest of the questions?

Specifically, (reading upthread), are you also suing your mother for not supervising him appropriately?

[cpamomfromtexas]

32. He was just walking around the area

If it is safe, I'm wondering why no others I've been in have these mats?

[IdaBriggs]

35. Was someone holding his hand?

Look, I'm not trying to be mean to you; I'm telling you what I would be thinking as a jury person.

I'll be honest -- so far, you haven't said much to make me give you any money.

Yes, your child has been injured in what appears to be an unfortunate accident. Accidents happen, and frankly, your child's natural unsteadiness (being two) / lack of appropriate supervision by your mother who wasn't watching out for things he might trip on seem just as much to blame as the "sandbag" / mat thing. Fortunately, this is most likely not going to be a permanent injury -- even though you really haven't answered that question. If his permanent teeth aren't affected, they should be coming in by the time he is seven; minor surgery doesn't sound like its going to cost too terribly much, and hopefully your own medical insurance should cover it.

Natural sympathy aside, am I missing something?

:shrug:

[atre]

45. This is the reason that jurors aren't allowed to ask questions

"Accident" is not a defense to a negligence claim. Imagine if it was!

Look, I don't know how to quantify the injuries here either, but you haven't asked a relevant question (relevance as the legal standard) yet.

[Lars39]

33. There could be nerve damage, even though it is a baby tooth.

If not taken care of, there is the possibility that the permanent tooth would die/not come in properly.

[IdaBriggs]

37. I asked the original poster about that, but haven't gotten an answer yet.

The child is apparently wearing an appliance, so I think she has been a good mom about taking her child to a pediatric dentist, but so far she hasn't said whether there is more than (hopefully) minor cosmetic surgery required to repair the lip injury.

[cpamomfromtexas]

41. Sorry so thin on details

But I'm trying to solicit suggestions, not lay the full case out.

That's also why I have not identified the company name.

[IdaBriggs]

43. Hope I've helped. Your son looks like an adorable tyke.

You sound like a protective mommy, which is great, but as I said, honestly, unless there is something worse than "bad mat/tripping hazard" which I can very easily think "if it was so bad, why were you (your mother) letting him walk around near it?" as a non-emotionally involved person, I probably wouldn't be giving you any money.

Also, just as a cynical side note, if I were the restaurant, and by some miracle you won, I'd turn around and sue your mother for inadequate supervision, and try to recover the damages FROM HER (but maybe the restaurant owner / insurance company isn't that cold hearted).

My husband, on the other hand, said he would be trying to get at least the medical bills paid by the restaurant, so, there is nothing wrong with trying, as long as it is worth the risk / headache / stress levels to you.

If you really don't think your lawyer is in the right, get another opinion. If you can honestly analyze the questions I've put forth, and still blame the store (not the unsteadiness of a two year old / your mother not watching him properly), then go for it. Of course, the stress levels you are going through while you do this, plus the huge headaches you are going to be dealing with *IF* you get a settlement (because as a minor child, you are going to have to do a court dance with the money only being used for the child / going to them when they turn 18 and / or justification all over the place every time you want to access it to cover anything), then go for it.

:) Good luck, and hugs to your son. :)

[atre]

44. If you were a juror, almost none of your questions would be answered

If the parent sues as guardian of the injured child for landowner liability, I really don't think parental negligence in supervision is ever an issue. That would stretching the boundaries of legal causation to an absurd level. Almost any injury suffered by a child could arguably be considered to be the responsibility of lax parenting. The law doesn't work that way. Parents aren't absolute insurers for their children, and fortunately courts are - unlike some people- wise enough to recognize that there are boundaries as to what parents are capable of doing...

Take this case for example. Assuming everything we've read is true, ask yourself what the parent could have done to stop the child from tripping (nailing him to the floor? dog leash? sumo suit?). Now ask yourself what the relevant establishment could have done (i.e. remove the tripping hazard). Make sense?

By the way, as a juror, you would never, ever, ever hear about insurance coverage. And that is not designed to protect plaintiffs. Quite the contrary.

What else? Hmmm... Accidents often do equate to negligence. In fact, while not perfectly synonymous, those two words are fairly close.

"Why would you believe a national chain restaurant should be more responsible for your child's safety than you are?"

Wow. That is the most shockingly glib nonsequitir I've ever read here. The issue wouldn't be who is more responsible for the child's safety, but whether the restaurant chain or its employees failed to observe a reasonable standard of care owed to the child, causing a foreseeable injury to the child. That is it. That is the standard for negligence.

It never ceases to amaze me how unsympathetic so many people are to the little guys. I know it's psychological conditioning by the media, but you wouldn't expect to see here the boundaries of logic are often stretched ad infinitum to rescue the deep pockets. Welcome to corporate America, I guess.

By the way, Ida, you ought to work in a corporate PR firm. You'd be great at it!

[Booster]

30. Ouch! Damn, that looks like it was painful, and I certainly think

you have a case.

[Lars39]

31. You do need to take your child to a pediatric dentist, too.

My neighbor's little girl fell at just about that age, and they had to do all kinds of expensive things every few months to ensure that her permanent teeth would come in. And it was years worth of dental bills, too. :(
Hope your baby is OK. :hug:

[Guaranteed]

34. Three words...FIND...AN...ATTORNEY.

You absolutely should NOT be talking to us about this. At ALL.

[Yupster]

36. Sorry for your kid's accident

I hope there's no permanent damage.

Why would any restaurant in today's world have a play area for kids?

They know that no matter how safe they try to make it, some kids will hurt themselves, and with today's parents, that means an automatic lawsuit.

Were I a restaurant manager, there's no way I would have a play area. In fact, I would put signs all around the restaurant warning children and parents to not run or play around.

I belong to a private swim club, and this year when we went for the first time there was a big change. The diving board was removed.

That takes away half the fun of swimming for the kids there, but the explanation was a good one. The club just couldn't afford the insurance costs anymore.

It's a shame but that's today's world.

When I was a kid (12-13?) I rolled down a hill by a restaurant with braces (genius) and ripped them to shreds.

It was a painful and long trip at the dentist, but back then (late 60's) that just wasn't considered the restaurant's problem. A kid fell down and got hurt. He could have just as easily done it anywhere, so it was not considered the place's fault.

Those days are long gone though, so if I had a business, I'd put every warning sign I could think up on the walls no matter how stupid. And there's no way in the world I'd have something a two-year old could climb on because everyone knows two year olds will sometimes fall and hurt themselves.

[orleans]

38. 1. get a new lawyer

2. get prognosis from pediatric dentist
3. get doctor's prognosis regarding any plastic surgery (then get estimates) and possible speech therapy (then get estimates for that as well).

why did they have these stupid trip pillows rather than area tumbling mats or even area mats for high impact?

a freshman at my child's high school broke his neck when he jumped off the army's inflatable obstacle course that was put up for a "wellness fair" (how ironic). neither the school nor the army provided the proper mats to be laid out at the base of this thing(they did not use mats for high impact). (and why they let the army set up a display is beyond me--although i was told it had to do with the physical workout you get in the army--keeping fit to go to iraq and all!)

i had an "accident" at a grocery store--an employee was pushing a cart piled way too high with 25 pound crates of lettuce heads, and while i was standing facing the deli counter he tried to push this cart behind me and several boxes fell from the cart. the corner of one box hit me in the shoulder blade and it felt like someone stabbed me in the back.

i didn't have insurance, i had a trip to the emergency room--within a day the pain traveled across my back and my arm was numb. i had an m.r.i. and possible nerve damage. i spent months going to a physical therapist and taking pain meds. i put out $8,000.

the store (whose name i'm not suppose to mention, but it begins with a J and ends with an L and rhymes with cruel) settled for an amount i'm not suppose to disclose (but it was less than $12,001 but more than $11,999). my lawyer got $4,000 and i got reimbursed for the bills but not for pain/suffering.

when the corporate lawyers came in they brought in those bags of mixed salad lettuce and insisted that was what fell off the cart--they were such assholes! (sarcastically to me: how can a little bag of lettuce hurt? me to them: it was a crate of heads of lettuce that the store manager told me weighed 25 pounds, and the store didn't sell the little bags of lettuce when it happened!)

they made a big deal about my shoes. well, what shoes was i wearing when it happened? bring the shoes. save the shoes. (apparently they get a lot of lawsuits over people slipping on wet floors and they don't know how to deal with a lawsuit that has nothing to do with someone who did not slip and fall). i brought my shoes and asked what the hell did my shoes have to do with this kid/employee knocking a crate of lettuce on my back?)

i'd say get another lawyer and go talk to the doctor and dentist. it pisses me off so much that people think kids are so disposable and that precautions are not taken and safety is taken so lightly. i believe it is called negligence. (hey, there's a story for a local reporter--maybe someone could investigate how many "accidents" this place has had in their kiddie playroom.)

good luck with this.

[cpamomfromtexas]

39. Many thanks for the feedback, my best for your situation too!

Actually, I'm not one to run to lawyers much.

Got hit by a car, their car totalled, 5 discs for me, trashed, based on the feedback, seems I need another lawyer to handle everything.

Glad I found out now!

[Bravo411]

40. How did it happen?

Did an employee do it to your kid, or did he just get hurt while he was playing?

Why does he need plastic surgery?

[LibDemAlways]

42. Fire your attorney.

Find one who takes the time to hear you out and seems genuinely interested in your child's case and not in accepting some crappy lowball settlement - which is what $4500 is.

I broke an ankle on a raised sidewalk in a medical center parking lot nine years ago and talked with about ten lawyers before I found one I felt comfortable with. He eventually took half of my settlement, but I would have received zip without him or someone like him.

[Technowitch]

46. Locking

Legal advice should be sought from someone best qualified to provide it, namely a legally retained and Bar-certified attorney.

Good luck with your case, and hope your child feels better soon.

Technowitch
DU Moderator