Boy Killed in Tim Horton’s Grease Trap
The mother of a three-year-old boy has filed a wrongful death lawsuit after her son died in a grease trap outside of a popular fast food restaurant in Upstate New York. Police called the death a terrible tragedy but stopped short of filing charges against anyone. The boy’s mother was an employee of the restaurant and apparently lost track of her child while she was on shift. Investigators determined that the child climbed on top of the grease trap and the plastic lid gave out. He fell in and was unable to get out.
The mother has filed a lawsuit against both the city and county for failure to inspect or monitor grease traps. Additionally, there will likely be a lawsuit filed against Tim Hortons for negligent maintenance of the grease trap. Below, we’ll discuss how successful this lawsuit is likely to be.
Blaming the Mother
When bringing a personal injury lawsuit against another party, you should always be prepared for the likelihood that you will be blamed for the accident that resulted in your loved one’s death or your own injury. In this case, Tim Hortons or the city is likely to bring up the fact that the child was not being watched while he found his way to the grease trap.
However, this fact does not absolve the city from conducting inspections on area businesses nor does it absolve Tim Hortons from maintaining a safe grease trap.
Looking at the Law
In a lawsuit like this, the plaintiff can present evidence that there are local ordinances or regulations in place to protect the public from potentially dangerous situations. If the city or county failed to enforce those regulations or if the restaurant itself was not in compliance, both can be held liable, but only under certain circumstances.
The restaurant is liable for maintaining an unsafe grease trap. They owe a duty of care to the public to ensure that their grease trap is safe. However, jurors tend to be feisty when it comes to parents who don’t keep a close eye on their children and this case will likely go before a jury.
Managing Jurors in a Personal Injury Lawsuit
American jurors believe in personal responsibility. They believe that certain lawsuits are frivolous and blame others for things that the plaintiff themselves is primarily responsible for. As a plaintiff’s attorney in a case like this, you have to stress the fact that there are laws in place that were not being followed and, had these laws been followed, the death or injury would have never occurred.
While the jury is free to put some of the blame on the parent, they cannot place all of the blame on the parent. But for the fact that the grease trap was improperly maintained, the child would still be alive.
Talk to a Jacksonville Personal Injury Attorney Today
If you’ve been injured by an unsafe condition on premises, the Jacksonville personal injury attorneys at Gillette Law will file a claim on your behalf and ensure that you are fairly compensated. Talk to us today for a free consultation.