Visitor Question

Baby Injured by Waitress at Steakhouse…

Submitted By: Anonymous (Nashville, TN)

My husband and 18 month old little girl went to a major chain steakhouse restaurant last night in Nashville, TN. She was sitting in a highchair at the end of the table. A waitress came rushing through with a tray and tray holder and hit my 18 month old in the face with the tray holder, leaving a bump and bruise on her right cheek.

I’m not sure if my daughter has any serious injuries yet. Is there anything legal I can do about this?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Not really. Unless your daughter’s injuries required medical attention your legal options are quite limited.

If you are intent on pursuing a legal claim against the restaurant’s corporate owners, that claim should start with an “Incident Report” of some nature which was made by management at or about the time your daughter was injured.

Without some type of corroboration of the injury made by the restaurant’s management your already difficult route to the courtroom will become even more

difficult. If an incident report was made by management ask for a copy. Although the restaurant is not required to give you a copy, it is important you at least ask for one.

Take the incident report and put it together with a copy of your daughter’s medical bills. With those items in hand you will be ready to begin your legal claim against the restaurant’s corporate owners.

Regrettably the poor waitress was probably just doing her job. Pursuing a legal claim will undoubtedly cause difficulties for her. She will become the nucleus of any legal claim you may pursue, and will be placed in a difficult position which will probably result in her experiencing great anxiety and distress.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 28, 2011

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