Discussion
My sister runs a restaurant, last week a young couple came in with their very young baby. They ordered a "sizzler platter" of steak. Obviously the dish the meat sits on is very hot. The father had the baby on his lap and a server placed the food down on the table. After a few seconds the baby decided to reach out and touch the hot plate. They now want to take legal action against the restaurant for neglect. Nothing has come through yet but I thought I'd ask the PH collective on this and who is at fault and if any damages could be claimed.
dba3087108 said:
My perspective is that a mother/father should be in charge at all times.
Could you sue for a child touching a broken glass they smashed or burn their hand on a hand dryer they kept their hand on? No.
Could the server have ensured that the stone (I assume) was placed out of reach of the child? Sounds like maybe they put it to one side and within the child's reach. If they could - you might have some liability. And could includes making space on the table by moving other items.Could you sue for a child touching a broken glass they smashed or burn their hand on a hand dryer they kept their hand on? No.
Were the couple cautioned that the stone was hot and to be careful? I'm that special kind of idiot that when someone says "the plate is hot" has to make sure by picking it up, but I've not burnt myself yet because I do a brush test first
dba3087108 said:
My perspective is that a mother/father should be in charge at all times.
Could you sue for a child touching a broken glass they smashed or burn their hand on a hand dryer they kept their hand on? No.
You've asked an open question but have already made up your mind.Could you sue for a child touching a broken glass they smashed or burn their hand on a hand dryer they kept their hand on? No.
Has your sister spoken to the business's insurer?
Given the father must have ordered said sizling plate, he must have known it was coming and would be placed in front of him. Restaurants provide highchairs near universally, as this is a safe and appropriate place to feed your child. It is not for the waiting staff to raise the child, nor act as parent. The father chose to keep the child on their lap rather than in an appropriate place and also made the choice of ordering something they knew would arrive deliberately on a hot iron skillet as is in keeping with the manner of serving.
TLDR: Parents failed to consider how the choices they made might pose a risk to a child they brought knowingly with them, and therefore must accept the consequences of those choices. I say parents, because the mother should have also considered if taking the child to this location and what the father ordered posed a risk and helped safeguard her child in the event that the father didn't.
TLDR: Parents failed to consider how the choices they made might pose a risk to a child they brought knowingly with them, and therefore must accept the consequences of those choices. I say parents, because the mother should have also considered if taking the child to this location and what the father ordered posed a risk and helped safeguard her child in the event that the father didn't.
I am alright Jack said:
Déjà vu maybe but I'm sure there was a very similar topic sometime over the last few months.
Yes although longer ago than a few months iirc. Opinion was divided i think half saying restaurant and server should have behaved differently and half saying parents' responsibility. I think thechild should sue the parents myself.
dba3087108 said:
My sister runs a restaurant, last week a young couple came in with their very young baby. They ordered a "sizzler platter" of steak. Obviously the dish the meat sits on is very hot. The father had the baby on his lap and a server placed the food down on the table. After a few seconds the baby decided to reach out and touch the hot plate. They now want to take legal action against the restaurant for neglect. Nothing has come through yet but I thought I'd ask the PH collective on this and who is at fault and if any damages could be claimed.
They can definitely claim for damages. Whether it would be a successful claim is yet to be seen. As said above, your sister needs to speak to her insurers, tell them what happened and that there has either been a threat to sue, or an actual claim received. That’s it as far as yours or your sisters involvement goes unless and until the insurer comes back to her. Doesn’t matter what you think should happen either.
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