Two young children were playing at a playground inside a Burger King restaurant in Temecula, CA. The play structure, which included a fireman’s pole and monkey bars, rather surprisingly, had no rubber matting under it. Instead, the floor was bare tile. A 12-year old boy and his sister fell, hitting the tile floor. The boy, apparently hit the floor head first and sustained very serious personal injuries, including damaged lungs, his parietal lobe and left front lobe. He spent 4 months in hospital and is still undergoing intensive rehabilitation due to his significant brain damage.
The defendants in a lawsuit, filed by the family, were Burger King and the company responsible for the installation of the equipment at the Temecula location. The lawsuit alleged improper safety precautions, especially when the structure was installed for children to use. And what did the defendants argue? That responsibility for watching the kids belonged to the father. Now, I am a safety advocate; I do not argue that parents should not be watching their children. If the children fell performing unsafe maneuvers or activities that a parent should have prevented, that parent bears partial responsibility. However, such a structure should be constructed with public and child safety as the paramount concern. Not doing so is negligent and the structure is an attractive nuisance, under the law, as well. Simply put, this structure was constructed in an unsafe manner while parents had every right to expect that the equipment was safe to play on. The installers were the safety experts in this case, not the parents. There were no instructional advice or warning signs posted in this Burger King; other BK franchises with similar equipment had such safety warnings.
Caring for a brain damaged child is a massive undertaking; the child will, likely require 24/7 attendant care. In these types of circumstances, while children lack the capacity to obtain lawsuit funding, parents, who are overwhelmed by the cost of medical, rehabilitation, home health, and attendant care may obtain necessities of life lawsuit funding for these purposes. Parents are required to be plaintiffs in a personal injury lawsuit resulting from the incident, and the lawsuit must contain a claim for reimbursement for these own out-of-pocket care expenses and costs.
A lawsuit cash advance will assist parents with the children’s medical bills, attendant care, and ongoing therapy while waiting for the case to settle or go to trial. This is pre-settlement funding given directly to a plaintiff before case resolution by settlement or verdict. The lawsuit financing enables parents to deal with these expenses, then await justice in the case, knowing that their precious children all well cared for. A case like this one takes several years to resolve; it is an empowering feeling to know that your finances are under control while your experienced personal injury lawyer works as hard as he/she can to achieve the best result possible for your children’s future.
It is a quick and easy process to apply for what some, incorrectly, call a “lawsuit loan”; a simple toll free phone call or online visit to complete a one-page application will get you started. The litigation funding company will work as quickly as possible to obtain records from your attorney, who must cooperate with the records-gathering process. Once the information has been obtained and reviewed, you will receive an approval decision and fast cash lawsuit funding will be on its way to you within 24-48 hours.There is no cost to apply for legal finance; you don’t need to be employed and your credit rating does not matter . This is no-risk legal funding; repayment is contingent upon the outcome of the case. That means you don’t have to repay the funds if your lose your case. Try getting this type of service from a bank!