Career Ending Cleaning Solution
New parents take all sorts of precautions to keep cleansers away from small children because of the potential for harmful chemical burns, blindness, permanent scarring, and death. Similarly, adults try to handle caustic cleaning products carefully. However, there are instances where such cleansers are unsafely stored or “mixed up,” and these events can result in lifelong injuries, pain and disfigurement.
The Abrams Landau Injury Team assisted a woman who was a singer and performer that had a horrible experience in between her shows in Florida. The entertainer was on a break with the band, and to keep her throat from getting dry, thought a cup of hot tea would be helpful. To quench her thirst, she got a cup and a tea bag, while her fellow performers were drinking coffee from the containers provided by the theater. While the others were enjoying their hot beverages, the singer poured the hot water into the cup and let it steep, following the instructions on the bag. However, when she drank the tea, she screamed and grasped her throat in pain. She was taken to the hospital and needed immediate medical attention. She couldn’t perform again for a long time and had permanent symptoms, effectively ending her career.
The cleaning crew, who were supposed to have readied the coffee and tea service, had forgotten to remove the dangerous cleaning solution that they put in the pots overnight to remove stains on the inside of the containers. Assuming that safety protocol has been followed, the theater added the water and coffee, and turned on the machines backstage for the performers. With no warnings, the singer was unaware of the danger. A “premises liability” claim was brought, as the negligence of the theater’s owner and its employees led to the injuries sustained by the singer. The Abrams Landau Injury Team was able to help the singer with her case and get the matter settled without trial. Doug Landau was recently reminded of that case by the report of a verdict in a similar case.
The Chattanooga Times Free Press reported on January 12th of 2022, that a jury found in favor of a Cracker Barrel patron who claimed injuries after drinking a caustic cleaning solution. The injured plaintiff ingested the cleanser that was served to him instead of water. He claimed debilitating injuries, physical pain, and other losses due to the negligence of the restaurant staff. The mix up left the customer with permanent internal injuries that will require future medical intervention. The plaintiff put on evidence of economic damages that included past and future medical expenses, as well as lost wages and reduced earning capacity in the future. In addition to the physical pain, the injured restaurant diner claimed loss of enjoyment of life. A Marion County, Tennessee jury returned with a verdict of $730,000 in economic damages; $3,600,000 in non-economic damages (for physical pain, loss of enjoyment of life, mental suffering, etc.); and $5,000,000 in punitive damages. Punitive damages, sometimes called “exemplary damages,” are an element of a case that are indicated when an unsafe Defendant has acted with conscious disregard for the health and safety of others, or with willful, wanton and reckless intent. The jury verdict of $6,500,000 was reduced by the trial court because of a state of Tennessee cap on compensatory damages. Compensatory damages are those elements of a case that reimburse a victim for their actual losses, for such things as medical bills, wage loss, etc.
The unsafe cleaning of beverage serving equipment can cause permanent injuries. Caustic chemicals have to be handled appropriately, and safety protocols must be followed to avoid unnecessary injury to unsuspecting customers and users on the property, at the restaurant or in the store. The burns caused by cleansers can have life-long consequences for the victims. Where unsafe practices result in needless harm to innocent customers, guests and performers, the legal system allows for recourse and reimbursement.
If you, or someone you care about, has been injured due to dangerous cleaning solutions that have been improperly and unsafely handled, please contact us at frontdesk@landaulawshop.com or call (703) 796-9555.
There are time limits in every state when it comes to bringing a claim, and you do not want to miss important legal deadlines.