Dear Personal Injury Lawyer,
I was burned by am hot tea in July 2015 at a movie theater. I had scaring and went to a doctor. It was a terrible burn but because I have two young kids I never pursued my case. I am now wondering if I still have a case. I have a mild scar and information on the medical treatment I received. This happened almost a year ago. What are my options?
Answer by Joshua W. Glotzer APC
Dear Burned Mama,
You have time to seek compensation for your injuries. The first thing you should be aware of is the statute of limitations for personal injury cases. In California if you are injured in an accident you have 2 years to file a personal injury lawsuit or in most cases you will be forever barred from obtaining compensation for your injuries.
Second, in order to obtain compensation you have to show that your injury was a result of some negligence of the movie theater. There are standards for heat in serving liquids in commercial establishments such as movie theaters and if it was hot enough to cause a bad burn chances are the theater may be negligent. In addition, if the tea in your case was stored improperly in the cup or container by theater there may be a breach of duty of care owed to you by the theater.
I’m sorry you have suffered an injury but you still have time to pursue your right compensation.