Child Injured in Restaurant Merrimack NH
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CHILD INJURED IN RESTAURANT
This incident occurred at a Pizza Hut restaurant in Merrimack, NH. It was a Sunday and the family of four including two young daughters, age 4 and age 6 arrived at the restaurant and were shown to a both by an employee described as a young woman, age 18 or 19 with brown hair. The employee provided a plastic booster seat and set it on the bench in the booth after one of the children had moved into the seat, thereafter placing at the outside end. The second child, age 4, was helped into the seat and as she adjusted herself with both hands on the sides of the booster seat the seat fell to the side, off the bench and onto the floor landing on her head and right arm.
It is the claim of the Plaintiff that the employee of the restaurant was negligent in placing the seat at the outside end of the bench and on the soft cushion of the bench instead of a hard seat. Furthermore, the booster seat was manufactured with straps that were neither purchased nor used by the restaurant. Furthermore, the placement of the seat by the employee lead the parents to believe that it was safe.
While the seat may be safer if placed on the inside of the bench it was clearly negligent to place the unsecured seat on the soft cushion at the outside with no protection to prevent a small child from falling off the edge as the outside of the cushion compressed. This is not a situation in which the child was standing, misbehaving, or where the parent could be blamed for failure to supervise.
As a result of the negligence of the restaurant the 4 year old child sustained a right supracondylar fracture requiring surgical with the placement of percutaneous pins. The child underwent a second surgery to remove the pins from her arm. She has made a good recovery with hope for continued improvement of her range of motion and scarring.
