Should they win a lawsuit?

United States
August 19, 2011 3:15pm CST
This discussion is a result of the responses received on another of my discussions. My other discussion is about children misbehaving in public places. Let me give you an example and see what your opinion is of the parent suing the restaurant. Lets say a child is running in a restaurant and runs into an elderly lady carrying a tray of food (not an employee of the restaurant) and the tray of food spills on the child. The child is injured by broken glass and hot liquid. The parent then sues the restaurant. Should the parent or the restaurant win the suit? Who is at fault?
4 people like this
12 responses
@ladym33 (10979)
• United States
20 Aug 11
This is an example of one of those frivolous law suits. The child was the one who caused the accident, the parents didn't stop their child from misbehaving so they are at fault. The fact that they would even consider suing the restaurant is obserd, they should just take responsibility themselves and be glad that the child did not harm the elderly lady he or she ran into. Or do the want to sue her to for being in the wrong pace at the wrong time? Even if it had been an employee that he ran in to it is still the child and his parent's fault.
• United States
21 Aug 11
Definitely a frivolous law suit. It is not the restaurant's fault that the parent did not take care of their child appropriately!
@haopee (493)
• Philippines
20 Aug 11
A restaurant is a public place. It's not a playhouse. It wasn't built for children to run along in. Even if they sue the restaurant, I doubt they'd win it because the restaurant had nothing to do with it except having been chosen by that family to dine in to. I'm guessing the parents were just hurt because of the child's welfare and that they feel that they have to blame someone else aside from themselves.
@sedel1027 (17846)
• Cupertino, California
19 Aug 11
I would say the parents should win the suit. The restaurant is not at fault, the parents are. I believe that if they got the right judge, those parents would find themselves in family court really quick.
2 people like this
@GardenGerty (157678)
• United States
19 Aug 11
The parent is at fault. The restaurant wins. Little old lady should sue parents as well. Parents need to control their children or keep them at home. i vote for controlling the kids.
• United States
19 Aug 11
I agree Gerty. Parents so often let their children run wild. I recently had soda spilled down by back by a child standing in the booth behind ours. The child had stood, jumped, and irritated us all evening and ultimately spilled the soda on me. The parents NEVER did attempt to make the child sit down. I scanned the restaurant and saw no open tables so I asked for a to-go box.
2 people like this
• Bangladesh
20 Aug 11
hi.i think that it was not fault of child because a child has a soft mind . he doesn't anything harmful. He always works to cheer up. He doesn't want to become a virus to everyone.So any mishap happened it is uncertain.
1 person likes this
@finlander60 (1804)
• United States
20 Aug 11
As far as I'm concerned, the parents should be charged with not controlling their child. If they can't control that child they have no business being in there. The parents, in this example, NEED TO BE TAUGHT A LESSON.
1 person likes this
• United States
21 Aug 11
I agree Fin. Parents shouldn't expect retribution from a place of business where their child was hurt when the child was hurt because THEY failed to properly care for their child in the place of business! Now, if a server was walking by a table and dropped hot food/dishes on a seated child, that would be a different story altogether!
@Awinds (2468)
• United States
19 Aug 11
What kind of parent lets their child run wild in a public place? A bad parent. The restaurant has no control of the child, nor do they have any responsibility for the child. The restaurant is a food service. Obviously they are not a daycare center that is there to make sure the child is safe. When the parents use the restaurant, their child is their own responsibility. If the child runs and gets burned by the elderly couple who never intended to burn him, then whose fault is but those who are responsible for the child? That would be the parents - only the parents.
2 people like this
@sid556 (30960)
• United States
20 Aug 11
Well, it is definitly the fault of the restaurant that the child was running and got injured. It's an accident. I know how kids can be and I hesitate to blame the parents but I will say that the responsibility lies with the parents regardless. And what if the elderly lady were hurt in the crash? I would say it would be the parents that are responsible and not the restaurant. If my dog breaks his leash and runs and knocks someone down, that may not be really my fault but my dog is my responsibility and so I would be liable.
1 person likes this
@rajaiv0810 (1012)
• Philippines
20 Aug 11
It is a very interesting discussion. I am wondering what will a lawyer think about this situation. Honestly, I do not who could win in the lawsuit. But if I got to choose I would choose the restaurant. As a parent it is your responsibility to make sure your children behave accordingly in different places. Which means if they are in the playground they can run and play. If they are in a restaurant or other public places they should limit physical activities to avoid certain accidents with other people. I am not a controlling parent but certainly my children knows what they can do depending on where we are. I believe that as a parent it is our duty to remind our children to act properly if they are starting to misbehave. We have to call their attention on just. It is not only because they might hurt unintentionally others but they might also put themselves in some risks.
1 person likes this
@oXAquaXo (607)
• United States
20 Aug 11
The restaurant should definitely win the suit. The restaurant had, in no way, done anything wrong. The food and glass are part of the meal that they served. Of course it's going to be hot (it's food) and of course there will be glass (to drink from). The restaurant wasn't supposed to prepare meals that would not hurt anyone if they ran into someone else. It was the child's fault they ran into the little old lady, and inherently, the parents' faults for not looking after and taking care of their child. Nowadays, people sue over the most ridiculous things, blaming others when they are the ones to be blamed. Happy mylotting everyone!
1 person likes this
@kingparker (9673)
• United States
20 Aug 11
Gosh, first of all. The parent is at fault. He/she as a parent should leash their children, and don't let them running around. Especially hot liquid is served at the site. The restaurant also should post a sign and let the parents know that hot liquid and hot food is serving, so give them warning about not letting their children running around, otherwise, they won't take responsibility for their injuries.
@Olleenz (3398)
• Indonesia
19 Aug 11
I vote for restaurant. My reason : when a family go to public area, parents must have control on their kid. Children doesn't know or realized that their activity might wrong or dangerous. So, if something happen to the kid because of their activity it mean his/her parent doesn't doing their job .... or .... maybe they looking for trouble and try to make money on it.
1 person likes this
• Philippines
19 Aug 11
The parents should take responsibility if this is the case. It's not the restaurant's fault that the child is running around, the child is in a public place and the parent should be aware that the child should be in their best behaviour or at least this was suppose to be taught at home. It is up to the parents to discipline the child and not the restaurant's management.
1 person likes this