What legal action can I take if my 8 year old son found a syringe/needle in a and restaurant chainpoked his finger?

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What legal action can I take if my 8 year old son found a syringe/needle in a and restaurant chainpoked his finger?

When I realized what it was I brought it to attention of the manger and filled out an incident report. My son seems alright just hoping it wasn’t used or dirty, etc. Is there anything I can do? They gave me a free meal but my child’s or the next child’s safety is my concern.

Asked on April 16, 2012 under Personal Injury, Oklahoma

Answers:

Richard Southard / Law Office of Richard Southard

Answered 12 years ago | Contributor

in New York, courts routinely dismiss in summary judgment, cases where the action is basd on fear of contracting an illness based on a needle stick.  If god forbid, something is contracted by this incident, then that changes things. 

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 12 years ago | Contributor

I would advise you to take your child to the doctor. Get all the tests which the doctor might recommend.

You should do it for 2 reasons:

1. Your child's health and safety.

2. Negligence has to equal damage. It is clear that restaurant was negligent and had a duty of care towards patrons. However, if the act did not cause any injury, then there is no basis for legal action.

If there is some sort of damage to your son, namely medial ailment, then you can bring a lawsuit. 

As such, you might say that it caused damage by way of worry and anxiety etc. However, in my humble opinion, it does not give rise to legal claim, ar at least one which an attorney would be interested in.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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