Visitor Question

Son injured at pizza restaurant…

Submitted By: Adela (Pomona, CA)

My son was injured nearly a year ago at a local family-themed buffet pizza restaurant, similar to a ChuckE Cheese. While looking at what he wanted to eat another customer came and rammed into him. Being 5 years old and just barely able to look over the serving counter, the force caused him to hit a corner of the buffet.

A bruise began to form immediately. I took pictures, filed an incident report at the restaurant, and took him to see the doctor the next day. He now has a scar from his injury. Am I still able to file a claim? What can I do? Thank you.

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 Adela,

Your claim depends upon the severity and duration of the injury. If, in the unfortunate event the scar is permanent, then you on behalf of your son have a strong personal injury claim against the owner of the pizza establishment.

In the alternative, if the scar is temporary, you will still have a viable claim against the owner, albeit a much weaker claim.

In any event, you would have a right to reimbursement for your son’s medical bills, your out-of-pocket expenses (for his medications, bandages, etc.), your lost wages for the time you had to take off work to care for your son, and another amount for his pain and suffering.

If your son’s injury is permanent, you will need the advice and counsel of a personal injury attorney. Seek out several in your community. Most won’t charge for an initial consultation. If an attorney accepts the case, you will not have to pay anything until, and unless he or she settles the claim or wins it at trial.

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: April 23, 2015

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