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Bronx Personal Injury & Real Estate Blog

Monday, November 19, 2018

Restaurant May Be in Hot Water Over Scalding

Q: Can I sue if burned by hot water at a restaurant?

Things aren’t good in the neighborhood at least that’s according to one family who’s reportedly intent on starting a personal injury lawsuit against their local Applebee’s restaurant over a controversial incident.

The lawsuit stems from a toddler allegedly being “severely burned” after grabbing a couple of scalding hot water the mother had requested for sterilizing utensils.

The parents allege restaurant “employees did not call 911 for over 20 minutes”. But the restaurant is defending itself, claiming its staff was very responsive and “acted with urgency”. It further claims that video footage evidence and the fact that police and EMTs “were on-site within minutes” support its defense.

In order to recover damages in a personal injury action, the victim must prove the defendant’s negligent, reckless, or intentional actions-- or their failure to act—caused them harm. If the victim can not establish the defendant was liable, they cannot recover damages.

In the case at hand, questions regarding the temperature of the water, how close it was placed to the child, how much time elapsed between then and the injury, and the staff’s actions after the injury--as well as the parents’ actions during this time-- will be among the important factors in assessing liability for the accident.

If liability can be proven, the victim of a personal injury lawsuit may be entitled to compensatory damages for items which generally include current and future medical expenses, current and future lost income and/or diminished earning capacity, physical and psychological pain, and more, depending on the circumstances of the case. Sometimes, in particularly egregious cases, punitive damages may be awarded to punish and deter the defendant from acting in a similar manner in the future.

If you or loved one has been injured, or loved one has been killed, as the result of someone else’s actions, the Goldstein Law Firm can help maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our office in the Bronx, New York, we represent injured victims and their families throughout New York City and New York State, as well as those injured while visiting New York.

 


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