what would you do?

[PolynesianPixie]

Scott took the girls to Ben &
Jerry`s. While there Annals leaned on the granite counter to get a better look at
the ice cream. The counter came crashing down taking Annalise with it! Its bad.
She has a gash across her chest and is black and blue! Now I'm not sue
happy by any means and can't stand people who are . That isn't what I'm after but they threw
her some coupons and gave her a sundae… now I'm torn between leaving it alone and avenging my baby!
I don't know what's appropriate here. What would you do?

 

[Flametamr]

Thats a very personal decision. First consider the actual severity of her injury. Did it require medical attention ? Stitches ? Is there gonna be a scar ? Thats what a lawyer will be asking. Second did the business owner offer to provide her medical care and pay for it or at least give you his insurance agents info ?

This sounds like a situation of bad construction. May not have even been the owners fault. How long has the shop been there ? I would guess this is a franchise and therefore a small business owner. They are probably struggling just to make rent. So if you sued for a minor incident they may be forced to close down. Then no-one will get icecream.

Like I said earlier this is very personal. I agree your baby was harmed. But it was an accident. And if she is not permanently injured it could be used to teach her a great lesson on life. Show her by example that just because something bad happened that you don't have to be angry about it and try to get revenge. Let her know that suing them won't make it any better. But in the end you and your husband have to decide.

 

[Gatordad]

 

[tellnotails]

It doesn't sound malicious............I'd take the high road.......remember your girls are watching and learning.....

 

[BigDaddyRog]

Hmmmm....are you sure you could win? What if you take them to court, and they counter-sue you for breaking their granite countertop? That would suck!!

Sorry Annalise got injured...I hope that was the best Sundae EVER!!!!

 

[AuburnJen92]

Teachable moment here definitely...gee, home from work, just got majorly adjusted by the chiropractor and what am I doing, being a teacher.....


I would definitely take the high road. If you want to avenge your daughter, follow up with the owner and make sure the construction to fix the counter is fixed in a manner that it never happens to another little girl or boy again.

 

[ftwildernessguy]

Here's the way I look at it, Ami. If the business were negligent - they knew the countertop was a hazard but did nothing about it - they should be held to a higher level of responsibility. Most likely they weren't aware of a possible hazard. In that case, I would say their responsibility is to reimburse for any out of pocket medical expense you would have. ie. copays or deductibles. Then there is the argument of whether or not the countertop is designed to withstand a child leaning on it - that complicates things even more. Sometimes stuff just happens, you know?

 

[PolynesianPixie]

Like I said I don't want to sue anybody! I was thinking more along the lines of writing the owner a letter!

 

[tellnotails]

Why burn a hole in your heart PP?????

You can send some hate mail.....but I don't see that in you.....

 

[big kahuna1]

I'm going to play devils advocate here so don't get upset.

Did she semi hop up onto the counter with her feet just about dangling in the air and then the counter came crashing down as kids do or was she truly just leaning on the counter. If she was just truly leaning on he counter then I think any medical bills should be covered and some free ice cream is a definate. If you are really not sure she was just leaning then I believe they already settled the matter with some free ice cream and coupons.

I also do not think any attorney would take the case unless there was serious injury and the injury was serious enough to make them some real Quan. Otherwise you do not deserve any justice in their minds.

 

[Just Beachy]

Anybody who knows you, Ami, knows you wouldn't sue for that. I think it's perfectly fine for you to write a letter if you want to. I have written letters in the past, for both good experiences and bad. Sometimes a note just gets their attention a little - nothing wrong with that. Knowing you, I'm sure it wouldn't be hateful.

Glad to hear Annaleise was not seriously hurt, although I'm sure she's pretty sore today. Hopefully this did not traumatize her. However, as an adult woman, she may appreciate being scared of ice cream!!! Please give her a from her Auntie Kelly!!

 

[des1954]

I would write a letter to the owner about this. I would also take some pictures of Annalise's injuries, just in case.

It sounds to me like the contractor took some short-cuts building the counter. Marble is extremely heavy & requires extra bracing to support it. Any store should "over-build" counters simply because kids "do" what Annalise did. I don't know of anyone alive who didn't lean on a counter as a kid just to get a better look.

If Annalise required medical treatment, B & J's should cover it without question. If they refuse to pay and the bill was under $5000, you can take it to small claims court without a lawyer. And THAT'S why you might need pictures.

 

[PolynesianPixie]

Why burn a hole in your heart PP?????

You can send some hate mail.....but I don't see that in you.....

Lol! You never know!




Thanks kelly! You understand!
Ever since my rackas frackin computer went down I've been posting via blackberry. I'm not totally used to it yet. The finer points get muddled.

 

[PolynesianPixie]

I would write a letter to the owner about this. I would also take some pictures of Annalise's injuries, just in case.

It sounds to me like the contractor took some short-cuts building the counter. Marble is extremely heavy & requires extra bracing to support it. Any store should "over-build" counters simply because kids "do" what Annalise did. I don't know of anyone alive who didn't lean on a counter as a kid just to get a better look.

If Annalise required medical treatment, B & J's should cover it without question. If they refuse to pay and the bill was under $5000, you can take it to small claims court without a lawyer. And THAT'S why you might need pictures.

That's very good advice thank you. I don't want this happening to anyone else. Knowing annalise she could have been dancing on the. Counter! I didn't witness it (but I did hear the crash and scream while in another part of the mall) scott says she was just trying to get a closer look and propped on it. I think I will write a letter and I will include annalise in the writing of it. You all are right ~ this can make for an excellent learning experience!

 

[ftwildernessguy]

I did a little investigative work today and went to the mall (since I didn't have anything better to do on my day off) and visited the Ben and Jerry's. I recreated the scene by leaning on the counter - nothing. So I jumped up on the counter and began jumping up and down on it, waving my arms about. The manager came out and said "Hey freak - get offa the counter!" The mall cops came and took me away and I didn't even get a free sundae. I don't really know what I hoped to prove, but the hearing is next week.

 

[big kahuna1]

Well, if I was the mall cop I would have asked you what flavor sundae you wanted. Had them make the sundae. And then I would have eaten it right in front of you before I hauled you off to the brink.

 

[ftwildernessguy]

It was Paul Blart.

 

[PolynesianPixie]

I did a little investigative work today and went to the mall (since I didn't have anything better to do on my day off) and visited the Ben and Jerry's. I recreated the scene by leaning on the counter - nothing. So I jumped up on the counter and began jumping up and down on it, waving my arms about. The manager came out and said "Hey freak - get offa the counter!" The mall cops came and took me away and I didn't even get a free sundae. I don't really know what I hoped to prove, but the hearing is next week.

Lol! Well you made certain that counter top is safe for all local kids! You did your public service for the day! : )

 

[Born 2 Fish]

In most of my life time the only two occupations I've had are drywall and restaurants. At any restaurant I ever worked I ALWAYS knew the hazards and/or possibiltites of any structrual hazard that could be possible to ANY employee or customer, in front or behind the counters or other wise.
You can believe that in my opinion that management very well knew of a shoddy counter,,(these people aren't idiots, they just play it off that way)altho they may have believed nothing much would ever happen.
If I could afford it,, I would try to own that ice cream shop.
And I am not a sue happy type of person either,,but they knew the hazard existed, or at least the posibility of a hazard.

 

[auntie]

Ouch...granite counter top ..gash across her chest. Oh..that hurts. Imagine if it had knocked her teeth out..you wouldn't be thinking twice about writing a letter. I'd also get her to the pediatrician..and have him check her out. Then take the photos, and send a bill to the store for your co-pay. I'd also let them know they need to repair the counter so as to avoid any further injury to another child...since now they are surely aware of the hazzard.

Let them know you plan to send your own inspector to the store..Then..give Jim the address...