While out for Sunday lunch, my son was playing under our table when the waitress knocked a hot cup of coffee off the table onto my child scalding his arms. Am I eligible to claim for scalding from a hot drink spilled in a restaurant compensation on behalf of my son?
Under the UK Statute of Limitations, you are eligible to make a compensation claim for a scalding from a hot drink spilled in a restaurant on behalf of your son. The Statute does not allow people under the age of 18 to appoint solicitors or initiate compensation claims, however an adult or guardian can be appointed to act as a litigation friend and represent the child if legal proceedings are required.
As a scald injury can be quite serious and painful it is likely you have received professional medical attention already, if not you should visit a GP or doctor immediately as it will be difficult to successfully claim compensation if there is no medical record of the injury.
Once your child’s health has been looked after, you are advised to return to the restaurant and make a note of the incident in their ‘Accident Report Book’. You should then speak with a personal injury solicitor about pursuing a claim for a scalding from a hot drink spilled in a restaurant.
Although a waitress was at fault for the accident, your claim must be made against the restaurant owner as they are responsible for the safety of their customers. It is also possible that your claim may be complicated by the fact that your child was playing under the table and it could be argued by the negligent party that you contributed to your child’s injuries through a lack of care for their well-being.
This could affect the amount of compensation you are entitled to claim, which is why you should speak with a personal injury solicitor without delay as they will be able to evaluate all the factors in your case and advise if it is worth your while pursuing a compensation claim for a scalding from a hot drink spilled in a restaurant on behalf of your child.