While eating at a restuarant last week a waitress tripped and fell onto my 4 year old daughter who had gotten up to go to the bathroom (whe was not running or anything, she was just standing there). No incident report was made because I thought she was crying more of fear than of pain. After five days of complaining of pain and inability to run, I took her to the doctor today and she got x rays. I am still waiting to hear from the doctor about the findings. Best case scenario is that it is soft tissue damage or a slight fracture of her hip that will take up to six weeks to heal. Worst case scenario is a damaged growth plate that would require surgery. Do I have claim against the restaurant? If so, what steps should I take? Should I contact the restaruant?
Answer
Yes, it looks like you do. The restaurant should be notified, in writing, that your daughter appears to have sustained a serious injury and that you will hold it responsible. The restaurant will want to notify it's insurance carrier, if it has one.
You should consult with a personal injury attorney. Let me know if I can help you obtain a fair settlement from the restaurant.
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