dolphindan1 Posted July 5, 2005 Report Share Posted July 5, 2005 2 weeks ago my son (4) slipped and fell at a McDonalds play area. He fell chin first into a screw on one of the ladders. The screw went fairly deep into the skin and he went to the emergency room was treated and released...It did not get stitches but did recieve that glue that seals it shut...He will have a scar...The manager on duty wrote up the report and said to give it to the emergency room and McDonalds would cover the bill...Well today the litigator or insurance person said McDonalds would not pay because it was not there fault my son slipped and the screw that is in place is required to be there....I was fine with them just paying the doctor and be done with it as I didnt want any lawsuit but now that they refuse to pay do I seek an attorney or is there even a lawsuit there???....not sure what to do and was looking for thoughts and opinions... Link to comment Share on other sites More sharing options...
Been_Ponzied Posted July 5, 2005 Report Share Posted July 5, 2005 I would call a personal injury lawyer out of the yellow pages. There are tons of them who would love a deep pocket defendant like McDonalds. Good luck! Link to comment Share on other sites More sharing options...
Ncognito2212 Posted July 6, 2005 Report Share Posted July 6, 2005 Do you really need an attorney? Was a sign posted "warning you the parent" that Mc would not assume any liability --play at your own risk kind of thing? Kids heal pretty well --I used to be a little boy and got a lot of gashes, cuts, and stitches too! I have very few scars as an adult. Once my brother accidentally hit me right in the forehead with a shovel --blood was everywhere and my mother was so upset that I was going to be scarred for life. If one were to look at my face now, they would not be able to see the scar unless I pointed it out. I do not think the major food outlets are going to take any spankings by any personal injury attorneys. You might try a nice letter first --with the bill or your insurance deductible attached. Think Wendy's and a forefinger and then you might understand how wrong beenponzied is!!! It takes a lot more than stitches to get a PIAs attention. Link to comment Share on other sites More sharing options...
Been_Ponzied Posted July 6, 2005 Report Share Posted July 6, 2005 Think Wendy's and a forefinger and then you might understand how wrong beenponzied is!!!Jesus Christ! Sorry! Link to comment Share on other sites More sharing options...
DocDon Posted July 7, 2005 Report Share Posted July 7, 2005 and the screw that is in place is required to be there....That may be true, but they must also takes steps to make sure that screw doesn't cause undue harm by being there...Goes without saying that nothing can really be made 100% safe - but there's things like rubber caps or cutting the point off sharp screws to prevent impalement - especially on a play structure. Kids will somehow find a way to hurt themselves - but it shouldn't be due to what they're implying is a safety feature....It may not seem like a big deal, but if it can find a way deep into skin, it can snag the cords on a jacket too - and those types of accidents often end more tragically than stitches.Sounds to me like your Micky-D rep didn't really think this one out....my 2 cents... Link to comment Share on other sites More sharing options...
dolphindan1 Posted July 7, 2005 Author Report Share Posted July 7, 2005 and the screw that is in place is required to be there....That may be true, but they must also takes steps to make sure that screw doesn't cause undue harm by being there...Goes without saying that nothing can really be made 100% safe - but there's things like rubber caps or cutting the point off sharp screws to prevent impalement - especially on a play structure. Kids will somehow find a way to hurt themselves - but it shouldn't be due to what they're implying is a safety feature....It may not seem like a big deal, but if it can find a way deep into skin, it can snag the cords on a jacket too - and those types of accidents often end more tragically than stitches.Sounds to me like your Micky-D rep didn't really think this one out....So DocDon are you telling me I should talk to an attorney or no....We are calling the Mcdonalds main office because I understand what happens between McDonalds and there insurance company is between them....So We will see what happens with that....The Manager at the McDonalds told us that they would pay for any doctor visit and even said customer will notify if any visit was necessary and told us to make sure the billing get the accident report so they will know where to send the bill.....I know that a 4 year old cannot be held accountable....I know that McDonalds must make the play area safe for children....But I also know accidents happen and am not out to get rich quick by no means....I am not gonna sue cause I burnt myself with hot coffee or pickles....I just wanted what was told to us.....thats all...I think 222 bucks is a just not worth an attorney getting involved....I am just not sure what to do....my 2 cents... Link to comment Share on other sites More sharing options...
DocDon Posted July 7, 2005 Report Share Posted July 7, 2005 I'm just giving my opinion, so you'll have to decide what to do - I'm not an attorney...Personally, that response you got leaves a lot to be desired. "It's required to be there", to me, doesn't mean they can simply wash their hands of the incident if that 'required' safety feature is itself, dangerous - it makes no sense. It's like, "well, safety regulations require we secure that feature of the play structure, but instead of using a shortened bolt with a safety cap, we'll use a long sharp screw." Of course accidents will happen, and there's really no way to make anything completely 100% safe, but that scripted corporate response is for the birds.If it were me, I'd start by writing a letter to the CEO and carbon copy each board member as Ncognito2212 suggested. Lawsuits are never easy, nor are they over and done with in a matter of days.... Link to comment Share on other sites More sharing options...
c m chase Posted July 8, 2005 Report Share Posted July 8, 2005 Think Wendy's and a forefinger and then you might understand how wrong beenponzied is!!!Jesus Christ! Sorry!I wouldn't place too much on that statement, Ponzied. The Wendy's deal and this are totally different circumstances. Besides...you're completely right - there ARE lots of lawyers who would like to take a bite out of the stupid M. Seems like everyone knew from the beginning that the finger lady was a fraud. If my kid ended up with a screw through his chin, and they told me they'd take care of the doctor bill because they didn't put a protective cap on it...hell yeah, I'd expect them to take care of it. Link to comment Share on other sites More sharing options...
Ncognito2212 Posted July 9, 2005 Report Share Posted July 9, 2005 I wouldn't place too much on that statement, Ponzied. The Wendy's deal and this are totally different circumstances. Besides...you're completely right - there ARE lots of lawyers who would like to take a bite out of the stupid M. Wink Not to belabor the subject but I mentioned the finger thing because I believe the mentality of the larger outlets is changing. Whereas before, it seemed highly plausible for a PIA to collect because of perceived “deep pockets” –this is no longer the case IMHO. The larger outlets fight to the finish to avoid bad PR –and at all cost. PIAs take cases that they believe they will be able to collect on, hence the phrase -- “No Recovery No Fee” that is often attached to their name. I have a feeling that yes there may be an attorney that might take the case but you may do better on your own with a few stern letters.I agree with most of what is being said here, especially that you and your child are fortunate that it was not worse and that perhaps the corporate response could have been more sensitive but as any actuary might inform you, it is all about numbers.Have you taken a picture of the screw that is attached to the play item? Have you taken a picture of the injury? Is the screw still presenting a danger to others? Has Mc taken action to correct it? Is the Mc that is in question a franchise that is privately owned? I would write letters until I received the response I was satisfied with. I have a feeling it is not about $222 but principle and the fact that it might still pose a threat to other children. If it were my Mc I would gladly pay the bill and then correct the screw and thank my lucky stars that it was not worse. But if they pay that may imply responsibility and then liability something they may not want to do.What ever you do –Good Luck and I hope your child heals well. Link to comment Share on other sites More sharing options...
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