Legal Question in Personal Injury in Michigan
6 Year Old Fall at Major Restaurant (Broken Arm)
On April 15, 2007 my son fell from McDonald�s Play Place equipment and broke his arm.
We were celebrating my son (6 years old) and daughters (4 years old) birthdays at McDonalds when my son fell from some stairs in the Play Place and broke his arm in two places. There were 15 to 20 kids playing in the Play Place when the accident occurred. My son was walking down the steps leading from another set of steps when he fell to the ground and broke his arm.
In my opinion there should have been a rail or some type of a wall leading down the stairs, which would prevent this type of accident from happening. No rail and only thin carpet over a concrete floor where he landed.
I would like to know if I should expect McDonalds to cover the medical cost under their insurance. In addition, what type of additional compensation should I expect for my sons broken arm. Never have any of my three kids broken a bone before until allowed to play in this unsafe environment.
2 Answers from Attorneys
Re: 6 Year Old Fall at Major Restaurant (Broken Arm)
Eh... WHO allowed him to play in this unsafe environment? Ok, that out of the way, IF McD is going to held liable that's a matter for you to explore with a local attorney. Chances are, there was a costing saying play at your child's own risk.
If not, then you'll need to show that the play area was inherently unsafe BUT that there's no liability because you allowed your child to play there and the risks should be borne by McDs.
See the problem? Not insurmountable, but you will have to do more than "expect" them to pay up: you have to show why they should.
Re: 6 Year Old Fall at Major Restaurant (Broken Arm)
I would have to inspect the area where he fell to determine if something could have been done - such as a simple railing - to prevent the fall. If so, then you'd have a better chance of placing the blame on McDonald's for the accident. Keep in mind that kids are injured there all the time, but it doesn't mean it was McDonald's fault, so if you yourself called them up, you would likely get the brush off.
If you would like me to pursue this matter on your behalf, please contact me asap. My info is listed below and my office number is 248.644.8771.
thanks.
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