Q: My five year old threw a McDonald's rubik's at her 11 year old sister and it split her eye brow, can I sue them
A: No, you couldn't sue them successfully. The proximate cause of the injury was the act of the five year old, not any negligence on the part of McDonald's.
Charles M. Baron agrees with this answer
A: I agree with Mr. Thorgaard. The issue is foreseeability of the toy injuring someone. While it may be foreseeable that a 5-year old might throw the item, McDonald's would have a good argument that it's not foreseeable that a parent would allow his/her 5-year old with a tendency to throw things to get her hands on the item, and alternatively, that it was the parent's negligence that was the sole cause of the injury. On the other hand, it costs you nothing to assert a pre-suit claim to McDonalds, which would pass it on to their insurance company.
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