Visitor Question

Boy burned by hot slide on a playground…

Submitted By: Leslie (Texas)

My 2 year old son was on a slide at an outdoor playground at a fast food hamburger joint and he was burned because the equipment was so hot. He got a blister on his hand from it. The only person that saw what happened was a lady with her kids there.

Can I sue sonic for my son getting burned even if I don’t have any witnesses except for some stranger? He was hurt and it’s obviously a dangerous condition to have a slide that’s so hot it can burn the children that use it. Any information you can give would be much appreciated. Thanks.

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 Leslie,

You may not have to sue Sonic. You may be able to file an insurance claim and settle the matter instead. Hopefully you reported the incident at the time it occurred. If so, the manager has probably notified his or her superior. That’s company practice for all food chain restaurants.

If at the time of the incident you showed the manager your son’s blister or the burn itself the manager will have noted that in the report. Documentation of the incident is vital to have any chance of succeeding with an insurance claim against Sonic.

The next challenge will be producing additional evidence. In addition to the manager’s report you’ll need photographic evidence of the blister or the burn. Photographing the blister or burn with the playground in the background will be very helpful. Hopefully at the time of the incident you remembered to use your cell phone to take the photographs.

Absent photographic evidence and/or medical records describing the injury, you’ll have a difficult time convincing Sonic’s insurance company to settle.

Ask the manager to have someone from his or her home office or insurance company contact you to discuss the incident. With the proper evidence you’ll have a good chance of succeeding.

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: July 1, 2013

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