Legal Question in Personal Injury in North Carolina

negliance

my family andi were having dinner last week and a waitress droped a very hot pan of pizza on the side of my two month old baby daughter she had a red burn mark and a blister on h er ear, all this was documented at a local emergencey room,she seems to be ok but she is only two months oldso she cant tellus anything, iwant to know what if any action can be taken in this matter.could we be intitled to any kind of settlement from this establishment


Asked on 8/19/03, 5:43 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: negliance

I've eaten plenty of pizza, but I never "saw such" a thing. It certainly sounds as if the waitress was negligent, and hence, regardless of how you slice it, the minor and actually you also probably have a claim against the restaurant. You, as the parent, would have a claim for the minor's medical expenses. The minor would have a claim for his "pain and suffering." It sounds as if the hear healed well, and hence the minor's claim may be fairly minimal. You may want to check with an ear-doctor, and perhaps a cosmetic (plastic) surgeon about any scarring. The restaurant should have liability insurance, and perhaps "med pay" to cover the hospital bills. The claim sounds fairly nominal, so I would envision a settlement out of court; I would not see this mushrooming into a full-blown legal battle. You may want to contact the restaurant and ask for their liability carrier's identity. You may also of course want to consult an attorney.

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Answered on 8/19/03, 11:50 pm


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