Lawyers closed on Saturday. Need advice!

[JColumbus]

Hello. Once again, I am asking for your advice. This time it's a serious matter. My wife hosted a BDay party for her mom at Taco Cabana, last night. My 2 year old was running with the other small children, as small children do every night, outside on the patio. Somehow, some wildling nudges my daughter a tad. Not enough to fall, but enough to make her bump into a chair. Now, the problem is, that this chair, which is metal, is broken at children's head level, and was sharp enough to slice her ear open. She needed to go to the ER last night and get a few stitches. The Doc there wasn't as good with children as some others I have seen, and it basically came down to them having to hold her down while administering meds that would slightly sedate her, so they could stich her up. (Funny little side note, is that she got bombarded with vaccines just last week. So, she was already too afraid to go to the doc's. Poor kid.)

I was not present when it happened but my wife and 2 sister in laws were all watching the kids, and it was't some wild running and bumping like some would imagine. Basically it was gentle play that, had it not been for this broken shard of metal left outside, would have been uneventful.

Now, I was pretty damn upset that this happened AT ALL. I've never been the type to jump to a lawsuit, even though I have had a couple of even worse things happen, that probably did call for it. After telling my father, best friend who graduated law school last year, and others, they all state I should take legal action for negligence. I am still not sure what I am going to, or what I should do. A report was made last night at the place but I was advised to go back to show them her wound and inform then to contact me to let me know what they are going to do about this and then tell them that if they didn't, than I would.

My mind is pretty clustered with all of this. Like I said, I usually just chop it up to an accident and leave it alone, but the fact that there was a sharp, broken chair out where children play every day, makes me feel like I should do SOMETHING, in principal. I know this isn't as serious as some other injuries and legal matters I have read on here, but I just don't know how to deal with this, if at all. Thanks and God bless.

 

[Charlie]

Just because you can sue doesn't mean to have to. You've got to make the decision based on what happened. Sorry for your daughter's pain. From what little I know from your post, if I actually thought they were negilent, I'd just ask them to pay for any medical expenses you actually had (assuming that whoever was watching the kids was doing their job). Just my two bits

ETA: I personally don't think kids should be allowed to play at a restaurant unless in a specific "play" area designed for kids to play in.

 

[Shotgun Jeremy]

Unless they were in a designated play area or at a place focused on kids, I don't see how they can beat fault here. It sounds like a case of kids being kids mixed with shit happens. If you REALLY feel like you need to go after them, I would try talking to a manager first though about having them cover the medical bills. But Taco Cabana isn't exactly a place for kids to be running around-IMHO

Sent while rollin down rodeo with a shotgun

 

[JColumbus]

That's pretty much my state of mind as well. There are a couple of exceptions. One, is that this particular TC is like a party every weekend. They do karaoke and there are children running around the whole time. I understand it isn't designated, but leaving broken metal, anywhere in a restaurant, is stupid and lazy in my opinion. Two, damn I lost my train of thought. Wife's making a BLT and the smell paralyzed me for a sec...

Yea, that's my thinking... I'm sure people can sue over this, but I'm not sure I want to. I am not a money chaser and usually don't see that I would sue someone, unless it was life changing, or dramatic, like what happened to the guy in the most recent thread. Hope you're doing well, BTW. I just feel that there needs to be an example set for leaving a broken chair. Even if nobody was playing, someone still could have bumped it and got injured.

I agree with the Shit happens, and the ladies should have calmed the children down, and I've shared this with my wife already. I don't let my children run around ANYWHERE that is not home, or the park. The story is, my sister in laws were watching the kids while she was attending to party stuff. Hahaha, even my brother got pretty upset when he heard this happened under his wife's watch. I don't know. It's one of those things where, it's not a big deal, but then again it is. If you can understand what I mean by that. Thanks guys.

 

[Younggun]

This sounds like the thing I would SMH at if I saw a law suit over it on the news.

It's a patio, not a playground. Accidents happen and it sucks. That's what happens to kids when they play.

Sorry your little girl had to go through this but IMO they really probably shouldn't have been playing out there.

 

[Younggun]

Also, I don't care about a broken chair. Hell, what's life with out a little risk.

Maybe I'm crazy but I'm tired if every damn thing being bubble wrapped for safety.

If someone from your group DID notice the chair was broken and didn't say anything wouldn't that make them just as responsible?

 

[Shotgun Jeremy]

Well, i still don't feel like a lawsuit is in hand just yet. You're gonna pay lawyer fees no matter what. You may be better off going to the manager in person

Sent while rollin down rodeo with a shotgun

 

[JColumbus]

Also, I don't care about a broken chair. Hell, what's life with out a little risk.

Maybe I'm crazy but I'm tired if every damn thing being bubble wrapped for safety.

If someone from your group DID notice the chair was broken and didn't say anything wouldn't that make them just as responsible?

Same here, which is why I'm asking. I have overwhelming opinions to take legal action, but I am very reluctant. I wanted to get opinions of people who don't know my kid, so don't have any emotional investment in their opinion. Also, I didn't think to ask if they'd noticed the chair. I am afraid of the answer in that if they did, and let the kids play around it, I would become furious. Never the less, I would hold the place more responsable to get dangerous items out of an area, than I would someone els for not doing so.


Anyways... here's the ear.

 

[matefrio]

You have insurance? If so let them file the claim.

 

[Vaquero]

The ear will heal. You'll still be dealing with this if you file.
Your investment will be time and money. Time at home beats time at a lawyer's or in front of a judge.
I can't tell you what is right for you and yours.

 

[Charlie]

What did your child say about the accident? (once she calmed down).

 

[Charlie]

Talk to the manager of TC. Get a feel from about this situation. If he indicates he (they) weren't aware of a broken chair and/or a potential dangerous situation, it might not be neglect. What are you trying to get out of all this; an apology, reimbursement for medical expenses, a settlement for pain & suffering, etc.?

 

[JColumbus]

The ear will heal. You'll still be dealing with this if you file.
Your investment will be time and money. Time at home beats time at a lawyer's or in front of a judge.
I can't tell you what is right for you and yours.

Right. I definitely don't want to spend time with all of that crap, and in fact, don't have the time to spend. In the long run, she'll be ok, so I am not willing to do that whole legal thing.

You have insurance? If so let them file the claim.

Yes. That's a good option.

What did your child say about the accident? (once she calmed down).

Haha. And and and then I wok into the chair and my ear cut and doctor fix it...

Talk to the manager of TC. Get a feel from about this situation. If he indicates he (they) weren't aware of a broken chair and/or a potential dangerous situation, it might not be neglect. What are you trying to get out of all this; an apology, reimbursement for medical expenses, a settlement for pain & suffering, etc.?

I want the chair gone, it'd be nice they cover the bill, and I really don't care about an apology cause I'm sure they'd be sorry and it's likely that the person who noticed and left it there, would not be the one apologizing.

We're going to go take a pic of the chair, show the manager her ear, and email corporate about the situation. I think I'll leave lawyers out of it and just see what corporate has to say. Definitely don't care to pretend that my daughter was suffering and this has been a super life changing event that requires compensation for our hurt feelings and overwhelming emotions. Maybe a few free steak fajita tacos would be a nice gesture. hehehe

 

[Texanjoker]

Interesting.In reading the post I figured the end result was going to be an incident where CPS was called for neglectful supervision. ER's call all the time for incidents like this. Their concern would be who was supervising the child when he/she got injured and were they sober when it happened because somebody probably told the medical staff it was a birthday party. CPS would have 72 hours to make contact on a case like this so they still may come. Personally I don't see the lawsuit because you stated the children were running around inside the restaurant and in all reality that is not a playground.

 

[Charlie]

There ya' go! The chair "might" have been noticed by some employee that cleans up after folks leave and that level of employee may not have the knowledge or insight to realize the danger. That doesn't necessarily let TC off the hook, but this experience may keep other accidents from happening. Hopefully your daughter will heal quickly and she will forget all about it in a few weeks or less.

 

[Vaquero]

Interesting.In reading the post I figured the end result was going to be an incident where CPS was called for neglectful supervision. ER's call all the time for incidents like this. Their concern would be who was supervising the child when he/she got injured and were they sober when it happened because somebody probably told the medical staff it was a birthday party. CPS would have 72 hours to make contact on a case like this so they still may come. Personally I don't see the lawsuit because you stated the children were running around inside the restaurant and in all reality that is not a playground.

The op states it was outside, on a patio, where children play regularly.
You shoulda caught that.

 

[JColumbus]

Interesting.In reading the post I figured the end result was going to be an incident where CPS was called for neglectful supervision. ER's call all the time for incidents like this. Their concern would be who was supervising the child when he/she got injured and were they sober when it happened because somebody probably told the medical staff it was a birthday party. CPS would have 72 hours to make contact on a case like this so they still may come. Personally I don't see the lawsuit because you stated the children were running around inside the restaurant and in all reality that is not a playground.

Actually they were running on the patio as stated. In this place, it's a normal thing. On weekends there are usually at least ten or more kids playing in this area. The ladies were watching and things like this can happen fast without time to react, or catch the incident on time to prevent it. I've asked for advice, not stupid comments blowing this up into something it's not. You always seem to do that and it's usually easy to ignore your ridiculous comments but as an OP, if you're gonna act up just stay the hell out of my thread. Thanks.

 

[Tejano Scott]

Not a clear case, look up premises liability in Texas. That will get you more info. You can always make the threat and see how they treat it. I'm guessing that chair will disappear before you can document the negligence.

 

[JColumbus]

Not a clear case, look up premises liability in Texas. That will get you more info. You can always make the threat and see how they treat it. I'm guessing that chair will disappear before you can document the negligence.

Yea I was thinking the same. I'm not gonna peruse this like a full on lawsuit. You stated pretty much what I have in mind. If nothing else, let the insurance make a claim as met stated.


Thanks for the well wishes Charlie.

 

[Younggun]

Might give them a call, be civil and polite. Don't mention lawsuits or anything like that and see how what they are willing I do.

If your not happy with what they have to say then don't give them anymore money.