What To Do If You Were Seriously Burned At a Restaurant
November 20, 2019 | Medical malpractice,Personal Injury
Restaurants can present hazards both for workers and customers. One of the most common types of injuries that occur in a restaurant are burn injuries. Restaurant owners and employees are responsible for keeping their premises safe for those who eat and drink there. They must also warn employees if they cannot keep an area safe or when a hazard is present, such as a hot plate.
What To Do If You Suffer A Burn Injury
There are various ways that customers can sustain a burn injury inside a restaurant. This can include hot food or liquid spills that land on a customer. This can also include burn injuries from hot plates. Many restaurants use hot plates to ensure the food stays at an optimal temperature for the customer. Sometimes, these plates are so hot that the food is still sizzling when it is brought to the table.
Restaurant owners and employees have a higher standard of care to uphold than private property owners when it comes to keeping patrons safe because they monetarily benefit from the customer’s presence. If you are burned, you will need to show that the restaurant:
- Owed you a duty of care
- They breached their duty
- Your injuries were caused by their breach of duty
- Your injuries caused actual damages
In most cases, simply being a customer establishes the restaurant’s duty to care. They may breach their duty if they fail to warn you that a plate is hot or if a server spills a hot beverage on you. If you are injured in a restaurant, you need to seek medical care as soon as possible. By doing so, you are accomplishing two things. First, you are ensuring you receive prompt medical care and looking out for your well-being. Second, you are establishing that your injuries were caused by the incident at the restaurant.
It is vital that you continue the treatment plan set forth by your doctor. By discontinuing treatment, you could jeopardize an eventual settlement.
What Kind of Compensation Could You Be Entitled To?
If you or someone you love has been seriously burned at a restaurant, you could be entitled to receive significant compensation with the help of a Seattle burn injury lawyer. Depending on the severity of the injury and other facts related to the case, you may be able to secure the following:
- Coverage of medical expenses related to the burn injury
- Recovery of lost wages if you are unable to work while you recover
- Pain and suffering damages
- Loss of enjoyment of life damages
- Possible punitive damages against the negligent party
Do You Need a Burn Injury Attorney?
In the aftermath of a restaurant burn injury, you may need to secure assistance from an attorney. This may be necessary to prove the restaurant’s liability in your case. With these instances, the restaurant (or their insurer or legal team) may try to put some of the blame for the incident on you. By doing so, they will attempt to prove that you were comparatively negligent in the case in an attempt to lower any settlement they have to payout. In Tennessee, the state’s modified comparative negligence laws allow for a plaintiff’s damages to be reduced according to how much they were at fault. For example, if a plaintiff is awarded $10,000 for their injuries but is found to be 20% at fault, they will only recover $8,000 in the final settlement.