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Just got back from ER - 2 month old niece fell on her head....... (NOW WITH CLIFFNOTES!!!)

Ryan

Lifer
My 17 year old sister, her 2 month old daughter, and my mother were at an upscale restaurant for a "going away" party for one of the Airmen in her squadron (it's not really a party - everyone just goes out to eat). Everything was going fine until but as the waitress was serving the food to everyone, she hit the highchair that the baby carrier as locked onto and the baby fell out of her carrier - head first onto the ground, and then her face hit a metal bar that was attached to the ground. The waitress did nothing to aid the situation.

She baby was seated between my mother and sister, but my mother had gotten up to use the bathroom. My sister was talking to the person beside her, so she did not see everything that happened. My sister freaked out, and one of the guys that was with them immediately picked the baby up. She was screaming, then my sister and mother started freaking out and they both grabbed her and immediately left the restaurant to go to the emergency room to see if there was any trauma.

I got a call from the guy that picked the baby up telling me that they were at the emergency room, and that everyone who was at the restaurant was coming also. I went to the ER.

Before they left, the manager and the waitress tried getting them to sign statements of what happened. The waitress is still not admitting anything. Their names (waitress and manager) were taken down, but nobody signed anything. Everyone that was attending the party were military police, including my mother. It also turns out that there was a video camera that was in the restaurant, but it is still unknown whether or not it was filming.

The baby now has a huge vertical welt/bruise on her face, but after taking some CAT scans, it's been found that no trauma happened besides the bruising. They said that everything currently looks fine.

Right now, we have been having to go through the court for a domestic battery incident where the baby's father slapped and tackled my sister (he was arrested, and the police now have got Child Protective Services involved). He has a restraining order out against him, and my sister and parents want to try having his parental rights revoked (he's an alcoholic, drug user, etc, etc). We were considering contacting a lawyer tomorrow about those events, but now we definitely have decided to contact one on what action should be taken with tonight's incident. My mother is going to contact the restaurant owner tomorrow.

Hmmm, it's just aggravating that the waitress is not admitting fault, even after two of the people attending the party have said they saw her bump the high chair.. :frown:

Cliffnotes:
Mom, sister, and her daughter went to restaurant
waitress knocked baby onto floor, now baby has huge bruise/welt on face
witress doesn't admit to knocking her over, even after witnesses say they saw her do it
baby is fine - went to ER for CAT scan
Thinking her persuing legal action...
 
holy fvck what a dumb bizatch if she won't even fess up to her actions especially to a freaking 2 month old!
 
I'm so sorry. Good to hear she's going to be ok.

Your sister is very young, and will learn in time that you need to keep baby buckled into her carrier, and to never never set the carrier onto something that might tip over. I'm not blaming your sister, I'm sure she is hurting now. But you can't trust anyone around a baby to be as careful as you are. And soon the baby will be getting more mobile, and will be capable of falling out all on her own.

Accidents happen with babies, and there is usually fault to pass around, and no blame for malace anywhere (except for those low life bastards who hurt babies on purpose.)
 
Originally posted by: BigDan
I'm so sorry. Good to hear she's going to be ok. Your sister is very young, and will learn in time that you need to keep baby buckled into her carrier, and to never never set the carrier onto something that might tip over. I'm not blaming your sister, I'm sure she is hurting now. But you can't trust anyone around a baby to be as careful as you are. And soon the baby will be getting more mobile, and will be capable of falling out all on her own. Accidents happen with babies, and there is usually fault to pass around, and no blame for malace anywhere (except for those low life bastards who hurt babies on purpose.)

I agree, those were the first questions I asked her (why wasn't the baby buckled in, and what was she doing sitting on a highchair (sorry, called it a stool in the my original post - edited)). the back of the carrier locks into the rail on the back of the highchair, providing stability/security from falling over.
 
Well even if u sued the waitress u probably wouldn't be able to get much considering she doesn't earn much on a waitress salary and she wouldn't likely have any valuable assets either. But you may have grounds to sue the restaurant, so what i'd suggest is getting a lawyer who specializes in these types of cases and seeing what your options are.
 
The baby now has a huge vertical welt/bruise on her face, but after taking some CAT scans, it's been found that no trauma happened besides the bruising. They said that everything currently looks fine.
I'd be thanking God for that right about now!

Glad she is (apparently) OK.
 
i am sensitive to your situation and i hope the baby is okay but

IT WAS AN ACCIDENT.
i'm sure the waitress feels bad enough and is very afraid of losing her job right now.
 
Originally posted by: Cyberian
The baby now has a huge vertical welt/bruise on her face, but after taking some CAT scans, it's been found that no trauma happened besides the bruising. They said that everything currently looks fine.
I'd be thanking God for that right about now! Glad she is (apparently) OK.

I know. We're hoping that something larger does not rise out of this incident. :frown: The first thing I thought about was potential brain damage..
 
Originally posted by: eakers
i am sensitive to your situation and i hope the baby is okay but IT WAS AN ACCIDENT. I'm sure the waitress feels bad enough and is very afraid of losing her job right now.

I do agree that it was an accident, but after the reaction she had (the remaining people at the restaurant said the she turned into a real bitch afterwords - but I wasn't there so I can't comment on her reaction). If she had been more helpful by saying that she was sorry, picking the baby up, and aided the situation more instead of doing nothing and proclaiming her innocence, I don't think my mother/sister would be as upset. It just seemed that the condition of the baby was the farthest thing from her mind - she was more worried about getting statements that corroborated her story....
 
Originally posted by: t60
Hope she's doing fine now.

Sue the living crap out of that waitress.
She deserves to be sued just because she is lying about it. Accidents do happen, and fortunately, babies are tough. If it was my baby and the restaurant was cool about it, offered to pay all the medical costs, and my baby was ok, I'd probably let it go.
If they started weaseling like it sounds like this place is doing, I'd nail their asses to the wall just for being that way.
 
Originally posted by: Pacfanweb
Originally posted by: t60
Hope she's doing fine now.

Sue the living crap out of that waitress.
She deserves to be sued just because she is lying about it. Accidents do happen, and fortunately, babies are tough. If it was my baby and the restaurant was cool about it, offered to pay all the medical costs, and my baby was ok, I'd probably let it go.
If they started weaseling like it sounds like this place is doing, I'd nail their asses to the wall just for being that way.

suing the waitress would be pointless. it's not like she would have any kind of income to pay up anyway.

btw, sorry to hear about your niece. hope everything works out.
 
Originally posted by: eakers
i am sensitive to your situation and i hope the baby is okay but

IT WAS AN ACCIDENT.
i'm sure the waitress feels bad enough and is very afraid of losing her job right now.

she feels soooo bad that she didnt admit to it or apologize
rolleye.gif
 
Originally posted by: hdeck
Originally posted by: Pacfanweb
Originally posted by: t60
Hope she's doing fine now.

Sue the living crap out of that waitress.
She deserves to be sued just because she is lying about it. Accidents do happen, and fortunately, babies are tough. If it was my baby and the restaurant was cool about it, offered to pay all the medical costs, and my baby was ok, I'd probably let it go.
If they started weaseling like it sounds like this place is doing, I'd nail their asses to the wall just for being that way.

suing the waitress would be pointless. it's not like she would have any kind of income to pay up anyway.

btw, sorry to hear about your niece. hope everything works out.
You would sue the restaurant and name the waitress in the suit. Obviously, the waitress probably doesn't have deep pockets, but the restaurant's insurance company does.

 
Originally posted by: shady06
Originally posted by: eakers
i am sensitive to your situation and i hope the baby is okay but

IT WAS AN ACCIDENT.
i'm sure the waitress feels bad enough and is very afraid of losing her job right now.

she feels soooo bad that she didnt admit to it or apologize
rolleye.gif

maybe she is AFRAID or really isn't sure if she knocked the baby over or not.. no person knocks a baby over without feeling bad for it.

plus if she admits to it they will just sue the restaurant for more.

i don't mean to take away from the seriousness of the situation because obviously its a bad thing that happened but my point is that it was an accident and everyone here is all up for ruining this girls life for it.
 
Originally posted by: eakers
Originally posted by: shady06
Originally posted by: eakers
i am sensitive to your situation and i hope the baby is okay but

IT WAS AN ACCIDENT.
i'm sure the waitress feels bad enough and is very afraid of losing her job right now.

she feels soooo bad that she didnt admit to it or apologize
rolleye.gif

maybe she is AFRAID or really isn't sure if she knocked the baby over or not.. no person knocks a baby over without feeling bad for it.

plus if she admits to it they will just sue the restaurant for more.

i don't mean to take away from the seriousness of the situation because obviously its a bad thing that happened but my point is that it was an accident and everyone here is all up for ruining this girls life for it.
I completely understand where you're comming from, but.. I dunno.

Someone needs to be punished. If they do nothing, they will end up being the ones punished(medical bills). They should definately persue their options.
 
That's sad... any little one being dropped and or pushed over onto their head is an extremely sad sight to witness. I hope she will be ok!
 
Well, she just woke up, and after looking at her head, you can hardly tell that anything happend!!!!!! :Q It blows my mind. almost all of the bruising is gone, and a lot of the swelling has gone down!!! :Q Weird. 🙂
 
What the? How did she hit the chair so hard to knock the carrier out?! I mean damn dude, did she wind back and kick it?!?!
Yeah, somethings fishy there, cause you dont just bump a chair and knock it off. Either the carrier is defective, she flat out whacked the chair or someone didnt fasten it in right to begin with.
 
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