Legal Question in Personal Injury in New York

Scalding water burn on 18 month old baby in cafe due to temperature of tea water

Is there some kind of legal guideline

for restaurants that serve hot drinks

on what the temperature limit should

be?

My nephew was severely burned and

is in hospital with 2-3 degree burns

(awaiting to see if he needs skin

graft)

as hot water from the cup of tea

accidently spilled onto his thigh area

and literally melted skin off his

leg....the water must have been

boiling as he was severely burned

and

is currently in hospital for 10 days in

burn center - they are monitoring

him but he is in bad shape and has

possible nerve damage to his leg.

This was water from a cup of tea.

We all know to be careful with hot

liquids but this is beyond what you

could imagine what would happen, it

is very very severe and I have never

seen anything like this.

Should we possibly pursue action for

medical expenses and scarring? This

poor baby and mother are going thru

hell.

Thank you,

Sincerely

Mrs Udden


Asked on 3/25/09, 8:21 pm

8 Answers from Attorneys

Re: Scalding water burn on 18 month old baby in cafe due to temperature of tea water

There could a case here. Why did the tea spill? Feel free to check out my web site and contact me. I am interested in hearing more.

Read more
Answered on 3/25/09, 8:33 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Scalding water burn on 18 month old baby in cafe due to temperature of tea water

There are standards that a restaurant should use. I would love to talk to you in greater detail. I take cases on a contingency fee basis, which means no fee unless we win. Please contact my office tomorrow. I can meet you at a time and location that is convienent for you.

Read more
Answered on 3/25/09, 8:46 pm
David Owens, Esq. Molod, Spitz & DeSantis

Re: Scalding water burn on 18 month old baby in cafe due to temperature of tea water

Typically restaurants and fast food establishments serve coffee and tea at high temperatures to make sure that the drink remains hot while customers linger and/or take it out. There is no set temperature limitation per se, however such establishments may be held legally accountable for injuries sustained by persons who are injured in the manner you described if the water temperature was exceedingly hot. I would welcome the opportunity to discuss this matter further with you.

Read more
Answered on 3/25/09, 8:52 pm
Savyon Grant Law Office of Savy Grant

Re: Scalding water burn on 18 month old baby in cafe due to temperature of tea water

The rest is responsible. They have a duty of care. You can bring a law suit for pain and suffering besides all the expenses. Please call me at 212\847\9595

Read more
Answered on 3/26/09, 1:07 am

Re: Scalding water burn on 18 month old baby in cafe due to temperature of tea water

I approach this differently than my colleagues who have previously answered. Tea is properly made with boiling water, so I would not focus on the water temperature at which the tea was served. Rather, consider the server. Where was the cup or pot of tea placed on the table? How close to the table edge? In what proximity to the baby, at the time? Was the person ordering the tea aware of where the cup/pot was placed by the server? These are issues which may be developed to the claimant's advantage. Also, you don't say who spilled the tea, but perhaps there is homeowner's insurance which may cover such negligence? Worth investigating. Best, M. E. Zuller

Read more
Answered on 3/26/09, 8:59 am
Scott Levinson Korybski & Levinson

Re: Scalding water burn on 18 month old baby in cafe due to temperature of tea water

While more detailed information is needed on the exact circumstances of this incident, it is recommended that you speak to an attorney regarding possible legal action for the medical treatment, expenses, pain and suffering your nephew has gone through. Those types of injuries just shouldn't happen by an accidental tea spill. My firm handles personal injury cases and I would be happy to discuss this at length with you and the child's parents to obtain further details and explain all of their options.

Read more
Answered on 3/26/09, 10:13 am
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Scalding water burn on 18 month old baby in cafe due to temperature of tea water

Dear Mrs. Udden,

There are very strict standards for the temperature at which beverages may be served by a restaurant.

In most states the child can recover damages for medical expenses, scarring, pain and suffering, and other possible items of damages.

The child�s parents should contact an experienced law firm that has successfully handled burn cases.

It is very important to contact an attorney as soon as possible so that an investigation may be initiated immediately.

Patricia Martin-Gibbons

Read more
Answered on 3/26/09, 12:41 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Scalding water burn on 18 month old baby in cafe due to temperature of tea water

I am very sorry for you family's terrible ordeal. There is certainly a cause of action as there are limits to the temperature of the water at restaurants. The temperature can be quantified in a number of ways. I have a few vital questions for with respect to moving forward. You should consider filing a lawsuit immediately so we can evaluate its procedures. Kindly visit my website at www.1800wefight.com for helpful information and resources on personal injury law. Do not hesitate to contact me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. I thank you for contacting our law firm and look forward to fighting hard for your family's rights. Do not delay, we have convenient locations all over New York. We can even send a lawyer to you for a free consultation.

Read more
Answered on 3/26/09, 3:45 pm


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in New York