Legal Question in Personal Injury in Kentucky
Daughter cut by glass at local chain restaurant.
Two weeks ago my wife and daughters were having lunch in a well-known national chain restaurant. A server was serving a beverage to the table next to theirs when the glass slipped out of her hand and broke, causing a shard of glass to cut my 9-year-old daughter's leg (thigh). It looks like she may have a scar from this incident for the rest of her life. Two days after this happened, a person in risk management for the restaurant chain contacted me and my wife and offered to send and apology letter and ''something to restore our confidence in their business''. The ''something'' was a $35 gift card. The cut wasn't deep enough to require stitches, but she will have a scar left there. Shouldn't we/she be entitled to more than a $35 gift card? She bled quite a bit when it happened and it took most of the afternoon to stop the bleeding, as well as the scar issue. Do I have a case? I just feel like they are trying to brush this off and do as little as possible, but I guess that's the nature of big business.
1 Answer from Attorneys
Re: Daughter cut by glass at local chain restaurant.
"Do I have a case?"
In my opinion, the question is not whether you have a case, but rather the value of the case. Were there witnesses whose names you have? Did you take pictures? It seems that you took her to a physician (Emergency Room?), but that is unclear. Has the physician (assuming there is one) offered an opinion as to the permanency of the scar? How is your daughter dealing with the situation, i.e., is this something that is already "ancient history" to her, or is it an ongoing source of concern for her?
I know that I have asked more questions than offered answers, but in a situation like this, you are really at the very beginning of dealing with any liability issues. The questions I have raised are what I would ask of a client contemplating further action.
Regarding the letter and $35 gift card, you should (if you have not done so already) thank the risk manager but indicate that the potential for long-term problems from this unfortunate accident preclude you from accepting this as any sort of settlement.
Best wishes to you and your daughter.
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