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Injury Inside Mcdonald's

Been the victim of Medical Malpractice or fighting a malpractice suit? Discuss it here.

Injury Inside Mcdonald's

Postby Reese » Fri Nov 18, 2016 4:58 pm

My 3 year old son got his finger smashed in the restroom door inside McDonald's.  His finger was badly smashed, cut and broken.  The door shut so quickly and hard that my husband could not catch it quick enough to avoid this.  We got no assistance from the Mcdonalds personnel except for bag of ice, a bandage, and cup of ice cream that was sent across the counter with another customer.  At this point we are not sure whether or not a new fingernail will grow back and if it does it will be abnormal.  What can we do?  Your help is greatly appreciated.

ANSWER: Michelle: Accidents happen, especially to small children.  In any injury claim on behalf of a small child, the defense will always be that there was inadequate adult supervision. Just being the Devil's Advocate here, a standard lavatory door of a commercial establishment is usually heavy and should not be operated by a 3 year old. It is guaranteed that injuries will occur because those doors are heavy and made to close on their own and a 3 year old on his own would be at risk, and you know that.  Now if there was something defective about the door such that the mechanism to close it was not working correctly, and considering that the restaurant knows kids will be coming and going all day, theoretically, there is a case of negligence against the owner.  If this were a major injury case, it might be worth having someone inspect that door but fortunately, the injury is fairly minor, although major to your boy of course. I suspect that if you have any out of pocket medical costs, the restaurant would reimburse for those. Otherwise, without evidence of something wrong with that door, there is not much else to do. Hope this helps. ---------- FOLLOW-UP ----------

Thank you for your response.  Medical bill expenses are really all we are interested in pursuing assistance with, simply because accidents do happen and we are aware of that.  My husband was right beside our son and the door still caught his finger.  

My next question is that I had been in contact with a representative of McDonald's who told me that their insurance company would be in contact with me.  He assured me that they would be calling during the week of July 5th - 9th.  I have never received that phone call.  I have called the representative back on two different occasions and had to leave messages with no response.  Any suggestions?
Reese
 
Posts: 39
Joined: Tue Jan 07, 2014 10:05 am

Injury Inside Mcdonald's

Postby Amado » Fri Nov 18, 2016 5:20 pm

You can keep trying. Legally, without you going to court, small claims or otherwise, and getting a judgment against them for damages based upon restaurant negligence, they don't owe you anything. However, in order to maintain good PR and avoid possible lawsuits, they will sometimes(not always) agree to cover out of pocket meds. Keep bugging them. At least get an address and send them the documentation. Tell them if they don't respond, you will have no choice but to sue in Small Claims Ct. If they continue to ignore you, it probably isn't worth pursuing it any further.
Amado
 
Posts: 51
Joined: Mon Jan 06, 2014 3:23 pm

Injury Inside Mcdonald's

Postby Georgios » Mon Nov 28, 2016 12:48 pm

My 3 year old son got his finger smashed in the restroom door inside McDonald's.  His finger was badly smashed, cut and broken.  The door shut so quickly and hard that my husband could not catch it quick enough to avoid this.  We got no assistance from the Mcdonalds personnel except for bag of ice, a bandage, and cup of ice cream that was sent across the counter with another customer.  At this point we are not sure whether or not a new fingernail will grow back and if it does it will be abnormal.  What can we do?  Your help is greatly appreciated.

ANSWER: Michelle: Accidents happen, especially to small children.  In any injury claim on behalf of a small child, the defense will always be that there was inadequate adult supervision. Just being the Devil's Advocate here, a standard lavatory door of a commercial establishment is usually heavy and should not be operated by a 3 year old. It is guaranteed that injuries will occur because those doors are heavy and made to close on their own and a 3 year old on his own would be at risk, and you know that.  Now if there was something defective about the door such that the mechanism to close it was not working correctly, and considering that the restaurant knows kids will be coming and going all day, theoretically, there is a case of negligence against the owner.  If this were a major injury case, it might be worth having someone inspect that door but fortunately, the injury is fairly minor, although major to your boy of course. I suspect that if you have any out of pocket medical costs, the restaurant would reimburse for those. Otherwise, without evidence of something wrong with that door, there is not much else to do. Hope this helps. ---------- FOLLOW-UP ----------

Thank you for your response.  Medical bill expenses are really all we are interested in pursuing assistance with, simply because accidents do happen and we are aware of that.  My husband was right beside our son and the door still caught his finger.  

My next question is that I had been in contact with a representative of McDonald's who told me that their insurance company would be in contact with me.  He assured me that they would be calling during the week of July 5th - 9th.  I have never received that phone call.  I have called the representative back on two different occasions and had to leave messages with no response.  Any suggestions?
Georgios
 
Posts: 40
Joined: Tue Mar 11, 2014 8:10 am


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