My granddaughter and I were at a well known restaurant in the down town area in Sacramento, CA. We were sitting in a booth set. My grand daughter was sitting on the inside of the booth and I was sitting at the open end of the booth. Dividing the booth next to us was a very large long mirror. It stretched about 4 booths back to back long (if that makes any sense).
We had finished up eating spaghetti when my 4 year old grand daughter’s leg slid in between the booth and the mirror. When she pulled her leg up from in between the booth seat and mirror, it was bleeding from several open deep scratches. It bled and bled.
As I was walking out I notified the manager and all she had to say was “I’m going on vacatio0n for a week, but here’s my card.” I had to ask for a band aid. UGH!
I took pictures of my grand daughter’s leg. She cried and was very traumatized by the whole ordeal. I had to take her out late that night to the store to buy some children’s fever reducing medicine because she was running a temperature. She and I were up all night because she said it hurt. It was red and inflamed, and it bled right through the huge band aide.
I have taken her to the doctor to obtain antibiotics. I just hope it does not scare. No one even took a number to check on her and her condition. What do you suggest? Should I pursue damages? Thank you for any advice you can give.
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.
Your granddaughter is lucky to have such a caring Grandmother. From the facts you present it seems your granddaughter did not require immediate medical attention more than what you had already provided. It is difficult for us to know if the fever broke, but from your summary we will presume it eventually did.
If your granddaughter did not require hospitalization or other medical attention there is little which can be done against the restaurant. BUT, what is so very important is to see if the deep scratches are going to result in scarring.
Because it is sometime difficult to know whether a cut or deep scratch will eventually become a scar or group of scars, it would be in the child’s best interests to take her to a dermatologist and from there, to a plastic surgeon.
The results should be as follows:
1. The dermatologist will confirm or deny the possibility of future scarring; and
2. The plastic surgeon may confirm or deny the possibility of future scarring.
If one or both doctors confirm the possibility of scarring then it will become very important for your granddaughter’s parents, one or both, to go through the proper legal steps to notify and proceed against the owners of the restaurant. Scarring can be very traumatic, especially for a young girl.
The psychological damage a scar can cause, especially if it is one which is readily apparent to another person, can be devastating. The actual damages, including medical bills, plastic surgery and the like, can be quite high. The Pain and Suffering suffered by your granddaughter is recoverable as a different type of damages.
Because of time limitations, referred to as the Statute of Limitations we suggest you and the child’s parents seek legal counsel at the earliest possible time. Most qualified Personal Injury Attorneys will sit with you and the child’s parents at no cost and will review the issues and the legal procedure necessary to recover monetary damages from the restaurant owner.
In the alternative, and if both doctors are confident your granddaughter will not suffer scarring, you may not need legal counsel. Instead you should contact the restaurant owner and present the owner with all the medical bills and out of pocket expenses you or your granddaughter’s parents might have incurred taking the child to the doctor.
Included should be costs such as doctors’ parking lot fees, and because gasoline is so expensive, an approximate and proportionate amount of money for the gasoline burned while taking your granddaughter to her doctors.
Learn more here: Premises Liability Claims
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,
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