Can I Sue?

On May 5th 2014 at 2pm , during work hours as a nanny, I took the baby (11 months old) out to eat with the consent of his parents… I went to Apple bees on Flatbush Avenue and was seated. In looking for the baby’s spoon in his bag, I felt a prick on my arm that was on the wooden table. I thought it was a wood splinter, only to my surprise it was glass chards from a broken glass I assume. I looked on the table and everywhere was broken glass. I jumped up , grabbed the baby and saw his little thumb finger was bleeding. He had gotten cut also. Now there wasn’t much blood, but I freaked out because this was not my child… I called management, in which they hustled me to the back so no one else would hear , so I was robbed of the chance to take a picture. The supervisor named Ebony , saw it and had it cleaned right away. I first refused an ambulance cause the cut seemed minor, but then I made them call the ambulance to make sure the baby had no more splinters in his arms. They checked and he was ok. They cleaned the little wound and put a bandage. I cleaned my wound and I was ok but more shaken up and traumatized thinking the baby could have had a worst accident. I sat in the back for 2 hours and was calmed after. I was told the manager would be back on the Friday 9 2014, and he would contact me right away. Today is the 14 May 2014 and still no call. Is this what business has come to. They get away with things like these and no one is held responsible? After calming down they brought the meal I had ordered prior to the accident and the nerve of my server to bill me for it after the ordeal I had, and she had an attitude when I said I was not paying for it. This is hands down ridiculous and they need to be held accountable for their actions so no one else is hurt. :mad:

Of course you can sue, it’s America! Doubt you’ll win…

GQ answer: Yes, you can sue.

Yes you can sue. You can sue anybody for anything. In this case you’ll need to prove some damages. If you weren’t examined by the EMTs you may not be able to prove anything, but the child’s parents can sue and prove some minimal harm. Hardly seems worth the effort. If you want revenge you can call the local health dept., they’ll inspect the restaurant, and if they want to it’s a virtual guarantee they’ll find something. But it was an accident, not a crime. And you don’t even know if the manager has been informed, so call him if you want a response.

You don’t want them to be held accountable, you see a chance for a money grab.

I did call and they are avoiding me, so I called the main office and made a complaint. The EMT did come and clean the babies wound and I cleaned mine, but yes they were called in. I just hate that people can do things and don’t really care about a persons well being, especially a big business.

Sick Ates. That’s in your opinion, thank you. It was more anger about the fact that they don’t care .so honestly the only thing they care about, is losing their money…

Legal advice is best suited to IMHO.

Colibri
General Questions Moderator

I think suing is a completely over-the-top response. I also think the restaurant DID care because they called the EMT for you, they cleaned up the table, they made sure you had a broken-glass-free meal. Very little harm was done. CTFD.

I once ordered a bottle of beer in a restaurant and the server brought it to me and just before I took a sip, I noticed the top of the bottle was all busted. Yikes! I handed the bottle back to the server and asked for a new one. He apologized and brought me a fresh beer. I still paid for my beer and my meal. No harm no foul. I did not sue the restaurant.

No, I think it’s more that you’re talking about suing for a broken glass. That’s the height of over-reaction, and the reason the restaurant is being standoffish with you is that you’re acting like a crazy person, and they’re not sure what you’re doing (including making them call an ambulance for a “minor cut.”).

If someone else’s child was in my care and they were cut by glass I’d do the same thing. The OP may be over-reacting a bit to the perceived disregard by the restaurant, but as a nanny she sounds very reasonable and diligent at her job.

As Tripolar states you need to prove damages but you would also need to prove negligence.

Did you seat yourself or were you seated by the hostess?

What were the direct costs to you a result of this traumatic injury? Did you incur any medical expenses? Did you lose your babysitting job as a result of this event?

Legally, if the baby was injured that would fall on you. The baby’s parents could sue you for failing your due diligence to before placing the baby at the table. Due to the EMT visit, they would have a strong case.

ETA - Please tell me that Trinishana and Ebony are not the people’s actual names. If so, I would suggest caution in what you say on-line, in social media, etc…

I’m not understanding this story. They seated you at a table with broken glass on it and not one person (you, hostess, server) noticed it until you cut yourself on it? Were there other dishes on the table as if it hadn’t been cleared yet? If so, why would the server/hostess not have cleared the table before you were seated and ordered? If the table was cleared, how did the broken glass get there?

The whole thing seems weird to me.

The child has syndactyly?

Get away with things like what? Held responsible for what?

Sometimes in life, bad things happen. It’s not always because someone out there is either incompetent or evil. There was a bit of broken glass that no one magically figured out was there, and some very minor injuries occurred. They took care of those injuries in a responsible manner. What more would you like them to do?

Shit happens. That doesn’t mean someone needs to pay through the nose for it.

I called because I wanted to be sure that nothing else was in his finger , hand etc. when you are responsible for someone else’s child , you have to be sure. Also the glass were very flat pieces and even the manager had to look downwards to see it. When she did , she was like, Oh my god! Hey all the people who think it’s being over the top, oh well, you guys are entitled to your own opinion.

The question now is what are your expectations? What do you expect them to do?

The busboy didn’t clean up the broken glass as well as he should have, but as you say, the glass pieces weren’t easily visible and you certainly didn’t see them when you sat down. It wasn’t gross negligence. Hell, I cut my foot on a shard of glass from a dish I broke six months ago and thought that I had cleaned up well. These things happen to the best of us.

The restaurant did what they could; they apologized, they got you medical attention and they gave you a free meal, so the question is what more do you think they should do?

You posted in GQ, and the straight GQ answer was given above. You can sue.

However, it was moved to IMHO, and IMNSHO you might find one hoping for a “go away, you bother me, kid” settlement from the chain. Actually, being Brooklyn, change that to ‘will find’, as you can’t swing a dead cat without hitting a lawyer. If the chain chooses not to settle, I expect any lawyer willing to take the case as you describe to fold like the cheap suit s/he would be wearing.

I can understand your worry, but you’re overplaying it. Boo-boos happen.

What do the baby’s parents think of the situation?
The manager apologized at the time of the incident. What more do you want? What more could the manager do?

This thread is starting to remind me of an old cartoon about a pissed off customer returning an item to a store. The caption is the clerk saying “how about we give you your money back, give you another brand new item free, fire the guy that sold it to you, and close the store down. Would that satisfy you?”