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DiLibero Injury Law
DiLibero Injury Law

Case Study · Premises Liability

$30,000

$30,000 for a restaurant burn injury.

A hot-food injury with apparent 'minor' optics — and the path to a fair recovery under premises liability law.

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Our client ordered food at a restaurant. The food was served in a way that caused a burn — hot food, improperly handled by staff, making contact with skin in a way it shouldn't have. The injury was real; so was the pain. The client sought medical treatment, which produced the typical records: evaluation, prescribed care, follow-up, resolution.

Why "it was just a burn" is the wrong analysis.

Burn injuries get dismissed in the same way soft-tissue injuries do — the optics suggest minor, the recovery looks quick, and the insurance carrier assumes the claim is small. The actual analysis is different: premises liability asks whether the defendant breached a duty of care owed to the invitee. Serving food in a manner that foreseeably causes injury is exactly the kind of breach the doctrine covers.

We built the case on the duty-of-care analysis. The restaurant had control of the premises, the food, and the manner of service. The injury was foreseeable. The breach caused the harm. Those are the elements of negligence, and they were met.

What we recovered — and why.

The restaurant's liability insurer initially valued the case at the low end of the typical burn-injury range. We pushed the analysis — the medical bills, the pain-and-suffering component, the disruption to the client's ability to work and function normally during treatment and recovery. We settled for $30,000, representing a meaningful recovery in a category of case most people assume has little value.

"Small-looking cases matter. The same negligence principles that produce million-dollar recoveries in catastrophic injuries apply to burns, falls, dog bites, and other premises injuries. The facts set the range; the lawyer decides where in that range the case lands."

Prior results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts.

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