8 month old crushed my high chair

[mmm104104]

What is the name of your state (only U.S. law)? IL

My 8 month old son was recently a victim of irresponsible service at a local restaurant. We were given a wrong car seat chair and as a result he fell forward and was crushed by the chair and the car seat hitting his head again the floor. I'm wondering someone could answer some of my legal question in regards to this matter.

Thanks you

 

[mommyof4]

It's difficult to answer any of your legal questions when you don't ASK them.

 

[Zigner]

Why did you place your child in a seat that you knew was "wrong"?

 

[mmm104104]

I apologize, I didn't know if i would get any responds on my post.

Since the incident took place due to ignorance and irresponsible action on the restaurant part, do i have any rights for any legal action to at the very least cover my medical expanses?

I have to add my 8 month old son doesn't have any major physical injured, he obtained busing on his face and knees and he can't sleep at night since the incident.

Thank you for you time.

 

[mmm104104]

Why did you place your child in a seat that you knew was "wrong"?

This was a first time when we used a high chair at the restaurant and honestly we had no idea this was a wrong chair. As we arrived to the restaurant we ask for one and this is what we were provided. After the incident took place the manager approached us and told us we were given a wrong chair and if would like to file a incident report. Restaurant admitted on the report it was their fault.

 

[cyjeff]

I ask you the same question I ask EVERYONE that sees an injury as a monetary windfall.

How much, in dollars, were the damages you incurred due to the incident?

What are the results of the doctor's examination of the child immediately after the incident?

What has the restaurant offered you in compensation? Did they buy your meal?

 

[mmm104104]

ER results didn't show any bone damage to the face or knees, so I don't think we are talking about physical injury there. Although, my son has a hard time sleeping at night since the incident, and some could say this has nothing to do with what happened... I still think all at very least all my medical expanses should be covered by the restaurant, after all why should my son or my family suffer just because a business failed to train their employees on which/how to use the high chair. When I arrive to a resturate I should have to check if all chair, table and lamps are working properly and are save to be around, this is something the business should take resposibility for, am i wrong on this??? I'm sure we were not the first family eating there...

As far as your other questions, I have not received medical bills yet, although I'm pretty sure ER visit will be at least $1000, plus doctor visits.

They offered to cover the bill ($20); I refused to pay, although they were very pushy and really didn't want to waste my time since we want to take him to ER, so I accepted.

 

[cyjeff]

Don't be cute.

It is your responsibility, as the child's mother, to ensure his safety at all times.

A court will be asking you why you did not do your part in the child's safety. Would you not agree that you are more responsible than the restaurant for your child's safety?

Go ahead and sue... for no injuries, a grand in legal bills and thin legal ice to stand on. I figure your legal bills to sue will run around 10K.

 

[mmm104104]

I'm not trying to be cute, just trying to find answers to my questions.

I'm not saying restaurant should be responsible for everything and I'm off the hook. I'm guilty of trusting the restaurant and taking things for granted, but this still doesn't change the fact that all chairs provided my them should be functioning properly and their employees should know which ones should be used when. What I'm saying is restaurant should provide everyone with save environment to have family time, just like they makes sure there is no water on the floor or ice in front of the entrance. Am I wrong on this??? If so please let me know...

 

[Nativity]

You stated the highchair was the wrong one not that it was broken. Why is it okay that you don't know what type of highchair to put your baby in, but an employee who might not have a child should know?

 

[Zigner]

I'm not trying to be cute, just trying to find answers to my questions.

I'm not saying restaurant should be responsible for everything and I'm off the hook. I'm guilty of trusting the restaurant and taking things for granted, but this still doesn't change the fact that all chairs provided my them should be functioning properly and their employees should know which ones should be used when. What I'm saying is restaurant should provide everyone with save environment to have family time, just like they makes sure there is no water on the floor or ice in front of the entrance. Am I wrong on this??? If so please let me know...

No, that's YOUR responsibility.

 

[HomeGuru]

I'm not trying to be cute, just trying to find answers to my questions.

I'm not saying restaurant should be responsible for everything and I'm off the hook. I'm guilty of trusting the restaurant and taking things for granted, but this still doesn't change the fact that all chairs provided my them should be functioning properly and their employees should know which ones should be used when. What I'm saying is restaurant should provide everyone with save environment to have family time, just like they makes sure there is no water on the floor or ice in front of the entrance. Am I wrong on this??? If so please let me know...

**A: sue for $1.2 million.

 

[Zigner]

**A: sue for $1.2 million.

Are you kidding? An 8 month old CHILD was involved!
Gotta get at LEAST $5 million

 

[HomeGuru]

Are you kidding? An 8 month old CHILD was involved!
Gotta get at LEAST $5 million

**A: the accident was in Illinois. There is that Obama minor personal injury in cheap restaurants law whereby the threshold is $1.2 million

 

[cyjeff]

I am sure the restaurant also had sharp knives around, open electrical outlets and didn't have a fence protecting the child from the street.

They have a reasonable expectation to provide safety. They do not have to provide a child seat expert knowledgeable in what type of chair is correct for your age of child.

Luckily, there is an expert in that subject. You.