Jacob Buckett and his sister Isabelle, have been awarded $20 million as settlement in a personal injury suit brought against Burger King.  The 12-year old boy and his sister were playing at a playground inside the restaurant, when Jacob fell injuring his lungs, and the parietal lobe and his left front lobe of his brain.  The playground structure, which included a fireman’s pole and monkey bars, had no rubber matting beneath it, just tile.

Delta Marketing, the company that installed the playground was also named as a defendant in the suit according to news reports.  The defendants allegedly claimed that the responsibility for watching the children was the father’s, however the attorney for Jacob and his family maintained that there is an expectation of safety inherent in these types of situations. Furthermore, warning signs were not posted at the particular restaurant where the child fell, though other restaurants in the chain had posted warning signs.  The plaintiff’s injuries resulted in his hospitalization for more than 4 months, and today he is still undergoing rehabilitation and has significant brain damage.

Before letting a child play on indoor “jungle gyms” or playground equipment, make sure that there are safe places to land with shock absorbing material.  My own daughter broke her arm falling from monkey bars.  Luckily, her fracture healed after being adroitly wired together by a Reston Orthopedic Surgeon.  If you or someone you know has suffered an injury as the result of a dangerous or defective facility, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.