Girl Scalded by Coffee in New York Wins $500,000 Settlement

October 28, 2014

  • October 28, 2014 at 2:45 pm
    Exadjuster says:
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    Get ready for lukewarm coffee at Denny’s.

  • October 28, 2014 at 3:01 pm
    Kandi says:
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    What the heck??? Talk about a waste of money and time! Why didn’t the parents either move the coffee and/or ask the waitress to do so BEFORE the child came into contact with it??? STUPID PEOPLE!! Not the waitress but the family! Common sense (which is a misnomer) should tell the parents that it is a hot liquid and THEY should have moved it! They obviously wanted to make some type of lawsuit and they got it! The child COULD have been compensated for the result of a burn and that is it! Damn! What kind of country do we live in?? If that is the case, then have everyone get up and get their own hot drink! That way, if someone is burned, its their fault not the company!

    • October 29, 2014 at 3:03 pm
      DW says:
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      Are you aware of the extent of the injury? I’m not, but there are certainly burns that warrant settlements in that range. I had a claim involving a 2 yr old with burns to the face from coffee. Medical past and futures were well into the 6 figures.

      And I can’t imagine any parent would want to have this result. I would never put my child in harms way for money.

  • October 28, 2014 at 4:35 pm
    Claims rep says:
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    I blame the carrier for not having the guts to try this case. I would’ve offered up to $1000 over the specials and then left it to a jury to decide.

    • October 29, 2014 at 3:00 pm
      PropGal says:
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      The problem with that is a small child would be very sympathetic to a jury. They don’t consider liability, only how much money the big, bad company should pay.

    • October 29, 2014 at 3:04 pm
      DW says:
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      In the states that I handle claims, a child of this age wouldn’t be comparatively negligent. You might convince a jury that the parents have some negligence but this isn’t a winner at trial for the defense.

  • November 3, 2014 at 11:01 am
    Huh! says:
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    On the surface, the parents certainly should share the blame with the waitress. Actually, the parents should take most of the blame in that they are the parents, know the child and the child’s behaviours, and should have child safety foremost in their minds in every situation. Safeguarding a child is first and foremost the parents’ responsibility. I definitely sympathize with the child and even the angst of the parents, but I hate to see Denny’s — or any restaurant — penalized for this type of event.



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