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Saturday, November 15, 2014

Large Settlement in Denny’s Burn Case

More than 20 years ago, an elderly woman successfully sued McDonald’s after she was burned by a hot cup of coffee. What was interesting about the case is that the woman spilled the coffee on herself.  This case set the precedent for future lawsuits of this type.  Now, a young girl has been awarded a large settlement in a personal injury case with similar facts.

In 2010, a 14 month old girl and her parents stopped at a Denny’s along the New York State Thruway.  Her parents ordered a cup of hot coffee.  Allegedly, the waitress brought the coffee to the table and placed it negligently close to the toddler who somehow picked it up and spilled it on herself.  As a result, the young girl received first and second degree burns on her abdomen and neck.

In 2012, the parents brought a personal injury action against the owners of the Denny’s where their daughter had been burned.  After two years of litigation, the parties have agreed to what is believed to be a $500,000 settlement.  The specific details are being kept quiet but it is also believed that the court approved this agreement.  The girl is now 5 and her parents claim that she will need much of the money for medical care over the course of her life.

Many question how Denny’s is responsible for this young girl’s injuries.  The answer is that the law provides compensation even for those that have a hand in their injury.  Just because you contributed to your harm in some way does not always nullify your claim.  As long as it can be proven that the other party was negligent, you can usually still recover.  For example, in the McDonald’s case, it was shown that the restaurant served their coffee at very high temperatures and had received hundreds of complaints about it.  This was evidence that the restaurant was negligent in some way.

Flora Templeton Stuart represents clients that have suffered personal injuries in Warren and Barren Counties, and throughout the State of Kentucky.  Call her office at (888)782-9090 twenty-four hours a day/seven days a week to schedule a free consultation.

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