First let me say how glad I am your daughter is gonna be OK. It hurts my heart when kids get hurt like that..
Second, I am by NO means a big fan of lawsuits...But on this one...I would sue the piss out of the owner, Ben and Jerry's itself, and the contractor responsible for building the counter..
You can bet if the shoe was on the other foot, that's how Ben and Jerry's would handle it...They are nothing but an Anti-American run commie type company anyway!!