Child Hurt In Play Area At Mcdonald's

[Redd]

I brought my 3 children ages 2,6, and 9 to McDonald's yesterday for a play date.  All of the children were in the indoor play area playing and having a great time.  My oldest child and some of the other kids were playing on some of the toys that were on the floor.  The toys are kind of big, semi-soft toys meant to be climbed on.  My son was going from one to another and slipped and fell causing him to hit the window ledge.  We rushed out quickly to get to the hospital, but some of the other parents that were there gave an accident report.  My son ended up getting 7 stitches under his eyebrow and having x-rays done.  I just don't know where to go from here?  Do I call and ask for the accident report?  Should they have to pay his hospital visit?

[herlbert]

Jeni,

I am sorry to hear about your son’s injury and hope that he recovers fully and quickly. Here is some good news:  with three boys of my own, I imagine that your son will recover. Soon enough, the pain will be but a distant memory yet the size of the cut and the number of stitches will grow with every passing year and every time he tells the story.

Let me address your legal options. If you are satisfied that your son’s injury will heal quickly and leave no permanent damage, then you might want to focus on having McDonald’s cover your medical expenses. To do so, you may want to follow up by writing a letter to the manager briefly stating what happened and outlining the subsequent medical treatment and expenses. McDonald’s will contact you or have a representative contact you and try to work out coverage for your medical expenses.

If your son’s injuries appear to have a greater impact and if you believe that his injuries resulted from the negligence of McDonald’s, then you may want to pursue a negligence claim for pain and suffering. To do so, you would need to prove that McDonald’s negligence in the design or operation of the playground caused your son’s injury. Was there something wrong with the large stuffed toys? Were they poorly designed? Those are some of the questions you would need to address to prove negligence. The damages would depend upon the extent of your son’s injury and the nature and extent of his recovery.  If he only had stitches and no permanent limitations, then he might have very limited damages.

If you are interested in pursuing this matter or you still have questions, you should consult a local personal injury attorney. If you need a referral, you can consult with the local Bar Association.  A good personal injury attorney should offer a free consultation and could help you determine the best way to proceed.

I hope you found this information helpful. If you would like to contact me with additional questions or to discuss your case, you can call me at 1-800-660-1466 or email me at [email protected]   

I hope your son’s recovery goes well. Carol L. Schlitt New York Personal Injury Attorney

www.SchlittLaw.comhttp://nylawthoughts.com 1-800-660-1466

[email protected]

This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.