You should have been more specific when you asked the original question and requested only those opinions which would be agreeable to you.
You did not state what you hope to get out of a lawsuit. Only then can you do a cost benefit analysis to see if it’s worth it.
Instead of trying to sue and looking to blame other people, may I suggest that you look at yourself?
You were “traumatized” and unable to move for 2 hours— over a minor , everyday occurance that could also happen to you at home. You are responsible for the baby in your care-- at home, at a restaurant, at a playground, etc. Nobody expects broken glass at a restaurant. But unexpected things happen sometimes, and you have to deal with them, without becoming traumatized.
The manager cared enough to react when you pointed it out to them. They offered to call an ambulance that you first refused and then accepted. They made sure you were okay. They let you sit in the back while you were able to get control of your emotions.
After you ate your meal, the waitstaff (who may not have even known about the glass incident several hours earlier) brought you the check. Is that your beef about not caring? When you said you weren’t paying, they (the staff) didn’t push the point. They let you leave without paying.
You say management hustled you to the back, but then you say the manager wasn’t there. Now the manager who was supposed to contact you on the 9th isn’t returning your calls…maybe it is at the advice of the owner’s attorney. They don’t know what you’re going to do. Did you threaten to sue in the restaurant or on the phone? If you did, I wouldn’t want my employees talking to you either.
As other’s have said, yes you can sue. I doubt you will be able to find an attorney that will take your case though.
Are the parents of the child planning on taking legal action as well? If so, be prepared to be caught up in that suit as well. You may be just a culpable for not seeing the glass and protecting little Johnny as the busboy was.
This is one of those “of course” threads. It makes me think that the OP dude is just yanking our chain.
Well, when my grandbaby had a fall at daycare they filled out an injury report listing the treatment. Ice, hugs, and kisses. Maybe Trinishana was counting on hugs and kisses with her bandage.
Bingo!
So, either a gross, purposeful, over-reaction OR someone who needs to learn to deal with minor (and in this case, very minor) adversity with more aplomb. What will happen the first time the kid falls over and scrapes his knee? Sue the city for making the sidewalk concrete?
She’s in Brooklyn (or at least the incident was in Brooklyn). There are so many attorneys fighting over every slip and fall, it’s a wonder 6 of them didn’t give her a card inside the restaurant. Finding an attorney to try to extort money from the restaurant will be easy. If the claim isn’t outrageous, easier for Applebee’s parent (Darden?) to pay and make it go away, and the shysters* know that. Just because the case would not be won in court isn’t a reason for an attorney not to try for low-hanging fruit.
*For this discussion, shyster ≠ lawyer. Shyster is a subset of lawyers who use the cost of litigation to extort money even though case would normally stand little to no chance of succeeding in trial.
Why would you sue? That is just way over-the-top crazy.
In your post lies both the question and the answer.
Did you literally faint at the sight of the blood, fall, and hit your head resulting in a concussion? If not, the emotional trauma of a tiny cut is totally on you and your lack of coping skills. This is not the restaurant’s problem.
I feel you Trishina. Companies no longer take responsibility for anything!! It does make me upset that they are free to be negligent, and if anyone complains, they are automatically labeled as money hungry, sue happy, crazy people.
I am old enough to remember good customer service, nice waitresses, and proud business owners. Now, it seems, no one is held responsible for anything, and if you do complain, you are looked at as a whiner.
I would definitely call the health department and at least make a complaint.
You’d CALL AN AMBULANCE for a cut on the thumb? Do you call them to refill a prescription, too?
Out of curiosity, what would make you call someone “sue happy”?
Sue says, “Yes. Yes you can.”
I’d call an ambulance or take the child to a hospital or doctor, if it was someone else’s child. I’d probably call the parent first, but it’s worth doing, and necessary if it had turned out to be worse to have a record of the damages. I’d hire the OP as a nanny, not you though.
I’m not following your logic. Are you not also responsible for the injury to the child in your care? It appears that you are applying one set of standards to the restaurant and a different one to yourself.
An ambulance needs to be called where there is a serious threat to life or well being. This case is neither.
Yes this. A fucking ambulance for a cut on the finger?
I have called an ambulance exactly once in my life. My wife was having an episode of a-fib, her heart rate was 250+ and she could not walk. I called an ambulance. On the other hand when I had a gallbladder attack and was doubled over in pain I drove myself to urgent care and I was pissed when they would not let me drive myself to the hospital.
BTW the ambulance for both myself and my wife was about $1,000 each.
So you cost the restaurant a grand already and you want more?
Fuck.
For a cut finger and a band-aid?
An ambulance trip to the emergency room is going to cost hundreds or thousands of dollars. It doesn’t take a professional doctor, nurse or EMT to look at a baby and see if he is bleeding. That’s the job of the caretaker, parent ,babysitter, etc…
This baby is 11 months old…in another month or two he’ll start (–gasp!----) walkiing. He’s going to fall down and bump his head every day, and yes, he might pick up something sharp and hurt himself.
“if it had turned out to be worse”?
Yeah, I suppose the cut could get infected, the arm would develop gangrene and have to be amputated, and then the baby could die due to complications from the surgery.
If you live your life expecting every little scrape to go that bad, how do you keep your sanity?
In my house, a little cut or a scrape were called a “boo-boo”, and mommy fixed it with a kiss on the bandaid.
Which makes me think of an interesting question for the OP: You apparently take care of this baby every day at his home. Have you ever hugged and kissed him?