Injury at a public place on a minor, my son?
My son, after removing his shoes, which is a requirment to play on the jungle gym owned by resturant, tripped on the wide gaps between the rubber mats on the floor of the play area. He fell and busted open his bottom lip, which, bled and swelled. The manager stated to myself and two witnesses , while apologizing , that she has made several request for the reconstruction of the playground be finshed. In other words, It been in the prolonged process of repair. She filed a incident report, which I had her give me a copy of. Along with pictures I took of the flooring and my sons injury. Do I have enough ground for a lawsuit?
Answers:
If this resturant has know about this problem and it has been discussed that there should be repairs and that there really is a danger to people, and if you have evidence that there is a neglect from the resturant to fix this problem then yes you could have a lawsuit.
don't really know but they should have closed the thing down for construction
For what? A split lip? Get over it. Its people like you that make everyone else's insurance premiums go up. Get a job and stop trying to cash in on your sons minor injury. Dispicable! Next time check the playground yourself before letting your kid play on it. That's YOUR reponsibility as a parent! If anything your kid should be sueing you for neglagence!
probably not. if your son recieved only the minor injury you state, then where are your damages. you can't expect to be paid for every injury you recieve in at a private place of business. Now if you believe the business is intending to risk injury to it's customers to make more money, then you may have a case.
But I would not take your case under these facts.
You certainly have enough for a law suit..just maybe not to win a lawsuit. Really, did you suffer any actual damages? Did you take your child to the doctor for a split lip? Is he gonna have a scar? If the anwers are no, then forget about it. Kids slip and fall and cut and scrape all the time so you have really no claim for mental anguish or anything.
Write the company a letter stating what happened and this may put them under pressure to fix it.
The best you may get out of this situation is a gift card for the place so the money for a lawyer just isn't worth it.
this is the exact definition of a frivolous lawsuit, the child didn't need medical attention, he wasn't disfigured or dismembered in any way, technically yes you can sue, but whats the point? to keep other children safe? give me a break!! It sounds like you have a paycheck on the brain, and are taking every precaution to get it, thank you for tying up the courts for something as meaningless as this, and thank you once again for jacking up my insurance rates. get bent
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