Clearwater, FL asked in Personal Injury for Florida

Q: I was recently scolded by the sink water at my local Sweetbay. The automatic sink water was 133 degrees. Do I have cause

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2 Lawyer Answers
Brian F. LaBovick Esq.
Brian F. LaBovick Esq.
Answered
  • Palm Beach Gardens, FL
  • Licensed in Florida

A: Yes, you have a cause of action against Sweetbay. Given the hype of the McDonald's coffee burn case, unless you have serious injuries, I doubt the claim will be well recieved by Sweetbay's insurance company. Certainly it has value as 133 is too high for sink water. But I am sure the Sweetbay's representatives will feel every jury will be skeptical about giving money to a "burn" victim after the McDonald's case. Before you make a decision on what to do, have a qualified doctor review the injury and determine the long term damages. Then ask a local attorney if the claim has merit. If it does they will take the case on a contingency. If it doesn't they will turn the case down and you will know the case is not worth enough to a trained personal injury attorney. You are welcome to call out office for a qualified referral in your geographic area if the doctor agrees the damages merit a claim. Good Luck.

Daniel Marc Berman
Daniel Marc Berman
Answered

A: I totally agree with Brian here. If you were just scalded or burned and the injury healed, then it's probably not worth pursuing. On the other hand, if you suffered significant burns that took many months to heal or caused some sort of permanent damage, then yes, you may have a case.

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