Kissimmee, FL asked in Personal Injury for Florida

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

Related Topics:
2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

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

Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.