My Son Burned Thumb At Arby's

What is the name of your state?What is the name of your state? Nevada

My Wife ordered chicken fingers for my Son. As he picks one up, he drops it suddenly and shows me his thumb. He has a grease burn on his thumb. I took him to the counter and spoke with the asst manager. She exclaimed that she told my wife that it was hot. I said "I understand that", however, there is a distinct difference between hot and grease scolding hot! She said "We'll any mother wouldnt give their child hot food. So after a heated discussion, I spoke to the manager and wanted to fill out a incident report. She said they did not have any, nor does any other restaurant. I said that OSHA requires that they have a incident report on hand, but she didnt care.

I took down all their information, and the manager wrote on a piece of paper stating what happen and signed at the bottom. I took pictures of the thumb and currently writing a complaint to the "Better Business Bureau" and the Nevada Consumer Affairs.

I contacted Arbys corporate and had a representative document what happen. She was very apolgetic and told me she will have the franchise owner contact me.

My main point is that they were negligent upon not telling us that the chicken was fresh out of the fryer. They even made it seem it was my wifes fault.

Your story is very touching and almost brought a tear to my eye. Do you happen to have a legal question?

Reply

Nevada

Im sorry. I just need to know what avenue should I take to take legal action against them. My story is similar to the lady that sued Mcdonalds (I think) because the coffee was too hot and burned her tongue.

bepell said:

Nevada

Im sorry. I just need to know what avenue should I take to take legal action against them. My story is similar to the lady that sued Mcdonalds (I think) because the coffee was too hot and burned her tongue.

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And the lady who sued McDonald's lost. It is your responsibility to take 'Ordinary care' in life. If you order food you know to be prepared in hot oils then give such to a child, ordinary care would dictate that you test the food to make sure it is of sufficient temperature for such a child.

So, plan on suing your wife?

My response:

Apparently your wife didn't think the burn was serious enough to receive medical attention - - otherwise, you would have said so.

When you sue, mention the Latin phrase, "de minimis non curat lex" to the judge or your attorney. Everyone will agree with you.

IAAL

I AM ALWAYS LIABLE said:

My response:

Apparently your wife didn't think the burn was serious enough to receive medical attention - - otherwise, you would have said so.

When you sue, mention the Latin phrase, "de minimis non curat lex" to the judge or your attorney. Everyone will agree with you.

IAAL

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Does that translate to "I'm a dumbass moneyhungry freak who just wants money out of my child's misfortune?"

Belize:

No doubt, you nailed it.

bepell said:

Nevada

Im sorry. I just need to know what avenue should I take to take legal action against them. My story is similar to the lady that sued Mcdonalds (I think) because the coffee was too hot and burned her tongue.

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OMG!!!

BelizeBreeze said:

Does that translate to "I'm a dumbass moneyhungry freak who just wants money out of my child's misfortune?"

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My response:

Mmmmmm . . . close, but not what I was looking for. I was looking for Ball-peen hammer - - ball-peen hammer.

I'm sorry, Panel. I'm going to have to flip all the cards over, and ask our contestants, "Will the real, 'dumbass moneyhungry freak' please, stand up!"


IAAL

BelizeBreeze said:

And the lady who sued McDonald's lost. It is your responsibility to take 'Ordinary care' in life. If you order food you know to be prepared in hot oils then give such to a child, ordinary care would dictate that you test the food to make sure it is of sufficient temperature for such a child.

So, plan on suing your wife?

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I didn't know she lost!!! All this time I was pissed off for nothing!!!

burned her tongue? the McDonald's case involved the coffee pouring onto the lap of the woman.

she did win her case and later reached a settlement pending appeal of the case by McDonald's.

The argument of the lady was that the coffee was too hot and above the standard temperature for coffee. It was, I believe, about 160 degrees. McDonald's argued that she was comparatively negligent for putting the cup between her legs when she drove off, but the jury didn't buy it.

jpritchett81 said:

I didn't know she lost!!! All this time I was pissed off for nothing!!!

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My response:

Well, she didn't "lose", per se. Mrs, Liebeck, the coffee spill plaintiff, won her case but the millions of dollars she won from the jury verdict was reduced by the judge to hundreds of thousands.

Before you remain "pissed off" about your simplistic understanding about the case, you need to read the length, breadth and gravity of what really happened, and of the callousness that McDonalds demonstrated in the matter. Maybe you're "pissed off" at the wrong person. You need to understand the damages that Mrs. Liebeck suffered, and how McDonalds treated her.

http://www.vanfirm.com/mcdonalds-coffee-lawsuit.htm

IAAL

Thanks IAAL. Most of the general public thinks that the lady sued and was awarded millions and that was the final outcome.

HomeGuru said:

Thanks IAAL. Most of the general public thinks that the lady sued and was awarded millions and that was the final outcome.

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My response:

For the edification of those "legal types" on these forums, what the judge did in the law is called a "remittitur"; i.e., the judge reduced, and thereby released McDonalds from, what he believed to be, an otherwise extremely severe result and penalty awarded by the jury. To further reduce this, the judge turned a "kick in the groin" into a "hand slap" for this multi-billion dollar corporation.

And then, to add insult to injury, and although the judge "remitted" the award from Millions down to Hundreds of Thousands, McDonalds still baulked at the reduced amount - - the $480,000.00 the judge finally decided to award! The parties settled for something even smaller to obviate the necessity of an appeal by McDonalds.

IAAL

I AM ALWAYS LIABLE said:

My response:

Well, she didn't "lose", per se. Mrs, Liebeck, the coffee spill plaintiff, won her case but the millions of dollars she won from the jury verdict was reduced by the judge to hundreds of thousands.

Before you remain "pissed off" about your simplistic understanding about the case, you need to read the length, breadth and gravity of what really happened, and of the callousness that McDonalds demonstrated in the matter. Maybe you're "pissed off" at the wrong person. You need to understand the damages that Mrs. Liebeck suffered, and how McDonalds treated her.

http://www.vanfirm.com/mcdonalds-coffee-lawsuit.htm

IAAL

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Thanks for the link. I didn't know the full story. I had gotten hearsay from a friend on that scenario. I fully understand now