A member asked over 7 years ago

Sue for injury

Hi. I would like to know if I can sue McDonalds as a manager threw a cold drink at me and my children, making contact with my children's faces.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. Your situation may raise two legal issues. First, if you or your children were physically injured or feared immediate physical harm as a result of the drink being thrown, an assault may have occurred. Assault is a criminal offence and you should report the matter to the police as soon as possible. The police will decide whether to investigate the incident and, if so, whether to prosecute the offender.

Second, if you or your children suffered an injury – including psychological harm – as a result of the worker throwing a drink at you, you may have a claim for person injury compensation against McDonald’s. To make this claim, you would need to show that McDonald’s, through the actions of its employee, breached their duty of care owed to customers and that you or your children suffered harm as a result of their misconduct. If you or your children did not sustain any injuries, it would be very difficult for you to make a claim.

Suggested way forward

You should lodge a formal complaint with the McDonald’s store where this incident occurred. Otherwise, if there is sufficient evidence to establish that you or your children were injured, you should speak to a lawyer to get advice about your legal options and whether you can make a claim. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer


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