I was burned by a hot drink in Subway. Is it possible to claim compensation for badly burned lips and for severely scalding my tongue?
A claim for being burned by a hot drink in Subway is possible if you required medical treatment for the burns to your lips and tongue. Even if you experienced severe pain from the injury, if you did not seek medical treatment it is not possible to make a claim for compensation. Your medical history must contain a reference to an injury if it is to form the basis of a claim for compensation.
The standard procedure after sustaining a burn from a hot drink in Subway is to make a record of the accident in the restaurant’s accident book. It is important that there is an official record of the accident as not only can this be used to support your claim but the restaurant manager will be obliged to conduct an investigation. This has potential to prevent another customer from suffering a similar injury. If you did not make a record of the accident at the time you should return to Subway to do this as soon as possible.
It is also advisable to speak with a personal injury lawyer as soon as possible about your case to confirm that a claim is possible under the circumstances. It is probable that Subway’s insurance company will reject liability for the accident when the claim is made or to at least maintain that you are partly to blame for the accident occurring. The experience of a lawyer can be invaluable when claims are contested or when they involve a degree of contributory negligence on the part of the claimant.
It is also important that you find out how much compensation for a burn from a hot drink you are entitled to claim under the circumstances. Once your part in the accident has been established and the extent of your injuries have been checked, you will be informed about how much compensation for being burned by a hot drink in Subway can be recovered. It may be possible to make a claim, but until you are aware of the applicable compensation amounts it will not be possible for you to decide whether a claim for a hot drink burn will be worth your while pursuing.
It is also probable that the manager of Subway or the insurance company will conduct an investigation into the cause of the accident. If it is determined that the drink you were served was dangerously hot it is possible that the insurance company will make an offer of compensation for a burn from a hot drink to you directly.
You should advise a lawyer of any offer of settlement you receive in order to check that it is appropriate for the severity of the injury you have sustained. Settlement offers are rarely made for the full entitlement to injury compensation. Should an offer be made to you it is a good sign that liability for the burn from a hot drink in Subway will be accepted if a claim is made, and it may therefore be advisable to reject the offer and pursue a more appropriate compensation award by taking legal action against Subway. A lawyer is in the best position to advise you of the best course of action.