What to Do if Your Child is Injured in a Restaurant’s Play Area

Visiting a restaurant can become a wonderful experience for the entire family, particularly when there are specially designed play sections for kids. These areas provide children with an entertaining getaway, allowing parents to unwind and savor their dining experience. Yet, the joy can swiftly change to worry if a child gets hurt in one of these play zones. It’s vital to be aware of the actions to undertake in these scenarios for your child’s safety and the potential legal consequences.

1. Get Immediate Medical Attention

Above all else, the safety and health of your child should be your primary concern. If your child is injured, assess the injury. If it’s a minor scrape or bump, you may be able to treat it with a basic first aid kit available at the restaurant. For more severe injuries, don’t hesitate to call an ambulance or head to the nearest emergency room immediately. Some injuries might not show immediate symptoms, like concussions, so it’s always better to err on the side of caution.

2. Report the Incident

Even if the injury seems minor, it’s essential to notify the restaurant management about the incident. This puts the establishment on notice that there may be a safety issue and helps other parents be aware and possibly prevent similar accidents. It also starts a paper trail, which might be beneficial if you need to take legal action later.

3. Document Everything

If you want to be rightfully compensated for any injury that your child suffered in a restaurant’s play area, you need to collect evidence and strengthen your case. Otherwise, the insurer of the establishment is likely to deny liability for the injuries caused.

Start by taking pictures of the area where the injury happened, capturing any dangerous conditions or equipment that might have caused or contributed to the injury. Also, keep a record of the medical evidence, such as hospital receipts or records indicating injuries and pictures of the wounds that your child sustained.

It’s also wise to:

• Get the contact information of any witnesses.
• Write down a detailed account of the incident while it’s fresh in your mind.
• Preserve any evidence, like torn clothing or items from the play area.
• Get the CCTV footage of the incident. You can ask restaurant management for a copy of the CCTV footage.

4. Seek Legal Help

Injuries in public places like a restaurant’s play area can sometimes lead to complicated liability issues. Depending on the severity of the injury and the circumstances leading up to it, you may need to consult with a personal injury attorney. They can advise you on whether the restaurant may be liable for the injury and any potential compensation you might be entitled to for medical expenses, pain, suffering, or other damages.

According to New Orleans injury lawyers at Chopin Law Firm, hiring an attorney increases your odds of receiving full compensation greatly, and you do not have to pay anything out of pocket.

There are generally two main claims that you can make in such situations: general damages and special damages. These damages refer to the compensation sought for the non-monetary implications of the injury. It covers the pain and suffering the child has undergone due to the injury, and any potential future discomfort or challenges they might face as a result. On the other hand, special damages are more straightforward as they address the financial implications of the injury. This category covers any out-of-pocket expenses incurred due to the injury, such as medical expenses or the cost of physical therapy.

5. Promote Safety

Use this experience as a platform to advocate for safer play areas in restaurants and ensure that your child is safe in the restaurant next time. Every time you’re at a restaurant with your child, make sure to:  

• Inspect the equipment. Play area equipment also tends to deteriorate as time passes. If the restaurant is not maintaining it or making repairs, your child could easily suffer injuries. It falls on to you to ensure that the play area equipment is in good condition when you drop off your child at the gate.
• Ensure there is enough space. Step back from the play area to check out the available space there. Does its shape, design, and size justify the number of children present in it? Be sure to also consider the proximity of the dining tables to the play area and whether your child is at risk of getting hurt while playing any games.
• Review the restaurant’s safety guidelines. A responsible restaurant establishment prioritizes safety in the play area. For this reason, it has various policies and procedures in place to prevent injuries or accidents. Speak to the staff or the manager to inquire if they have considered all safety aspects of the play area, such as sharp edges and slippery floors, as well as where the first aid kit is kept.