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4 yr old son received 2nd degree burns at local store

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naj013

Junior Member
What is the name of your state?What is the name of your state? Pennsylvania

Hello. My son leaned on a case in the local grocery store where they place the cooked rotisserie chicken. My husband was being waited on and my 4 year old leaned with his arm down on the case. He received a nasty 3 inch by 1 inch second degree burn. An accident report was completed and my son was treated by our pediatrician immediately following the incident. I need advice on my next steps. Do I hire a lawyer, or deal with them directly regarding the following issues:

The case is an open case where you would reach in to get the pre-packaged hot foods. The ledge he got burned on was around waist level (waist level for on an adult, so that it would be convenient to just reach your hand in and grab the food). He did not put his hand/arm inside the case, this was the outer edge. There is a sign (at the top of the case, around 4 1/2 foot high) that says: Caution: Hot. (My son is 4 and can't read anyways). However, I don't think that sign can justify the ledge of that case being hot enough to cause a 2nd degree burn. He simply leaned on the ledge. He wasn't misbehaving, climbing, etc. I would like them to protect that case to prevent another child or person from getting burned. If the next child is shorter, it could be his hands or face. How do I get them to make the case safer?

Secondly, this happened Thursday. My son was in a great deal of pain and discomfort. We had a bad evening and a horrible night. This being a holiday weekend, We had family coming from out of town and we were supposed to be swimming all weekend. He was very upset and disappointed to learn he could not swim with the other kids because of the accident. Two days he had to endure being by the pool not able to join in the fun. We had one doctor appointment right after the incident and will have a follow up this week. Luckily, it's between his wrist and elbow (like as if you were to put your arm down flat to lean) and it's on the underside. It's not in a spot where no skin grafts are necessary (thank goodness!!) It appears to me to be healing fine (we have to change dressings twice a day) however, I am concerned about permanent scaring.

-How do I get them to make the case safer?
-Can my son get compensated? I feel that this was an unsafe area and this incident should not have occured and he should be compensated for enduring the physical pain and the disappointment of not being able to do activities for the past week or so. Do I need to hire a lawyer (is the dollar amount worth it) or should we just negotiate with the company? (I'm assuming they will contact us, maybe I am assuming wrongly!)

Any advice or other comments is welcomed and appreciated. Thank you.
 


Sorry to hear that.....however there is a sign of caution that the case was hot (by your post). Whether or not your son can read........the parents can and should have taken precaution when standing near the hot case, by not allowing him(son) to stand too close. Those cooked chicken counters are really hot as to keep the chicken at a safe tempurature for eating.

If the store is nice enough they may cover the medical bills but in this incident they don't have to.
 

rmet4nzkx

Senior Member
The previous poster is correct, you must mitigate your damages, if it was anyone's fault it was your husband for not supervising your son while near an obvious safety hazzard, hopefully both have learned an important lesson. It is possible the stores insurance may assist with the medical bills but they are not reauired to. As previously stated, those cases are hot to keep the food at a safe serving temperature.
 

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