|Posted by Oren Zander on January 17, 2012 at 5:05 AM|
When it comes to a personal injury issue, an experienced legal firm can help. Kathy Chittley-Young and her team at KCY at Law, located at 920 Brant Street, Suite 8, Burlington, ON L7R 4J1, specialize in cases that involve personal injury. The firm can be reached at (905) 639-0999, but for now, please enjoy this blog post about personal injury.
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Restaurants across the nation serve dishes on hot plates for presentation or food temperature reasons. In certain situations, consumers may burn themselves, which in turn can cause moderate to severe burns and financial impact from medical costs. In order to successfully sue a restaurant for hot plate burns, customers must demonstrate that the establishment was negligent. A personal injury attorney can help you in the entire process.
Any time a party performs an action that puts the safety of an other individual at risk, legal negligence can arise. Restaurants, and their staff, have a legal duty to guarantee the foods and beverages they serve satisfy the safety standards enforced by local and federal departments of health.
Typically, restaurants have to inform customers of possible hazards that could arise while meals are prepared. For instance, when a consumer orders a dish presented using a hot plate, the menu or waiter should warn the consumer about temperature concerns. If the establishment does not provide an appropriate warning and then a consumer is injured, the chance for a law suit based on negligence exists.
You can start a personal injury case by immediately recording every detail of the accident. Even minute details, including exactly what you were wearing or a waiter‘s reaction to the incident, will assist you to prove your case. Record detailed notes on the placement of the dish, what the waiter said plus your conversation with restaurant management. You must also keep the medical records, as well as any other related reports, in a safe place. More importantly, you should check the statute of limitations on this type of case enforced by your state.
As the plaintiff in a burn case, you have to prove each of the parts of a negligence case:
Duty - The plaintiff must prove the restaurant, or its employees, had a duty to exercise care when performing the service.
Breach of Duty - The plaintiff must prove the fact that the restaurant, or its employees, breached the established duty of care.
Causation - The plaintiff must prove that the actions of the restaurant's employees caused the injury.
Damages - The court must decide if a “reasonable person” would have suffered damages from the causation of the injury.
A personal injury attorney offers his expertise in this particular area of legal negligence, or tort law. Attorneys in this area of law help their clientele with physical or psychological injury claims stemming from automobile accidents, product injuries and service injuries. Personal injury attorneys make use of their knowledge in your case by doing a preliminary interview or consultation, reviewing the important points and evidence of the actual situation and determining if the case can be effectively tried in court. Once this is determined, the lawyer will file the appropriate paperwork and represent you in court.
If you have enjoyed and got some value from this information, you can learn more about personal injury matters from KCY at LAW, a legal firm headed by attorney Kathy Chittley-Young. You can reach the firm, located at 920 Brant Street, Suite 8, Burlington, ON L7R 4J1, at (905) 639-0999. Also, if you like this posting, then why not share it online with your friends?