My 8 yr. old daughter suffered burns to her mouth from drinking hot chocolate served to her in a plastic cup with a straw. Her injuries did not warrant hospital admittance or skin grafts. Should I pursue counsel or settle with the business on an amount? What would be a justified amount if my case is not substantial due to the less than severity of her injuries?

Hello queen:

Do you have ANY medical bills?? Without 'em, you're probably not going to get a dime.

If they give you a free dinner, that's pretty good.

excon

I'm not a lawyer but...
Did they ask if she wanted a straw?
Did she ask for a straw?
Did you see her drinking hot choc from a straw?
Did you take her for medical evaluation?

If a clerk did it intentionally to cause harm it might be worth something.
But if it wasn't serious enough for you to take her to the emerg room, not much
You'll prob do them more damage by not giving them any business and telling all your friends about it. I wouldn't accept a free meal from them. I wouldn't know what might be purposely or accidentally included in the food.

Yes, it is very possible both the business and the parent is responsible,

The business should know better than serving it with a straw, if they did that, they may have some liablity after you prove there was a medcial injury though the doctor treatment and medical statement.

Of course the child and family services may also be concerned of a parent who is with the child at a restranut and would also allow them to do the same.

In today's silly everyone sues everyone, I guess you can get a settlement, in a good world, a person who understands accidents happen would not be looking for reasons to sue.
This only costs everyone else higher food costs and is really part of today's problems