I WENT TO A RESTAURANT LAST SUNDAY ME AND MY MOM AND CHILDREN. I PLACED MY SEVEN MONTH OLD SON IN THE HIGH CHAIR NEXT TO MY MOM. SHE ORDERED A CUP OF COFFEE WHEN THE WAITRESS CAME BACK TO THE TABLE SHE ASKED TO SEE MY MOM RECEIPT. AS MY MOM LOOKED IN HER PURSE FOR THE RECEIPT SHE PLACED THE COFFEE IN FRONT ON MY SEVEN MONTH OLD SON. HE GRABED THE CUP AS THE SERVER WAS DISCUSSING THE RECEIPT AND IT SPILLED ALL OVER HIM. EVERYONE STARTED SCREAMING AND THEY GRABBED AND SNATCHED HIS CLOTHES OFF. i TOOK HIM TO THE HOSPITAL AND THEY SAID THAT THERE WERE NO SERIOUS BURN (MEANING 1ST,2ND, OR 3RD DEGREE BURNS) BUT THE CRYING CONTINUED. THE TIME OF THE INCIDENT THEY DID NOT APOLOGIZE OR WANTED TO EVEN WRITE UP A INCIDENT REPORT. EVENTUALLY THE MANAGER WENT AHEAD AND WROTE ONE UP BUT THEY DID NOT EVEN APOLOGIZE ABOUT WHAT HAPPENED INSTEAD THEY STOOD AROUND TALKING ABOUT WHAT HAPPENED. DO I HAVE ANY RIGHTS TO SUE FOR CARELESSNESS ON THE SERVER PART.

I WENT TO A RESTAURANT LAST SUNDAY ME AND MY MOM AND CHILDREN. I PLACED MY SEVEN MONTH OLD SON IN THE HIGH CHAIR NEXT TO MY MOM. SHE ORDERED A CUP OF COFFEE WHEN THE WAITRESS CAME BACK TO THE TABLE SHE ASKED TO SEE MY MOM RECEIPT. AS MY MOM LOOKED IN HER PURSE FOR THE RECEIPT SHE PLACED THE COFFEE IN FRONT ON MY SEVEN MONTH OLD SON. HE GRABED THE CUP AS THE SERVER WAS DISCUSSING THE RECEIPT AND IT SPILLED ALL OVER HIM. EVERYONE STARTED SCREAMING AND THEY GRABBED AND SNATCHED HIS CLOTHES OFF. i TOOK HIM TO THE HOSPITAL AND THEY SAID THAT THERE WERE NO SERIOUS BURN (MEANING 1ST,2ND, OR 3RD DEGREE BURNS) BUT THE CRYING CONTINUED. THE TIME OF THE INCIDENT THEY DID NOT APOLOGIZE OR WANTED TO EVEN WRITE UP A INCIDENT REPORT. EVENTUALLY THE MANAGER WENT AHEAD AND WROTE ONE UP BUT THEY DID NOT EVEN APOLOGIZE ABOUT WHAT HAPPENED INSTEAD THEY STOOD AROUND TALKING ABOUT WHAT HAPPENED. DO I HAVE ANY RIGHTS TO SUE FOR CARELESSNESS ON THE SERVER PART.

That's a great question!

Please understand that I'm not an attorney, but as a paralegal I've worked for several law firms that did insurance defense work, where they would defend companies like the restaurant against claims made by people like you.

Most decent insurance companies are only looking to weed out the ridiculous, "nuisance value" lawsuits; these are often filed by people who believe the company will pay them something rather than spend any money defending against the lawsuit. That may be true for some insurance companies, but the ones the attorneys I worked for were very hard-line about claims: everything had to be proved with documentary evidence (medical records, statements from witnesses, etc.) before they would consider offering a penny of settlement. When going up against this sort of insurance company, no matter how clear-cut your case is, your best bet is often to find a good personal injury (also called PI) attorney who can help you negotiate the best possible settlement.

Here's a good overview (http://nolo.com/resource.cfm/catID/73BB194F-C331-4C03-82E96DC64062980C/104/199/) of the steps involved in a personal injury (http://nolo.com/definition.cfm/Term/DEEE0E11-E3A5-4E2D-9E36FA5CC1F46D61/alpha/P/) claim. The amount of the settlement will likely depend on the amount of actual damages that can be proven. These will be in the form of medical bills for the emergency room treatment, subsequent followup by your family physician; your lawyer may advise you to include bills for emergency and followup psychological treatment for the family members who witnessed the injury, depending on his or her interpretation of the facts of the case.

In what state did the accident occur? Do you also live in that state? The answers to those questions will help determine in which jurisdiction (http://nolo.com/definition.cfm/Term/A6C2874F-3EAA-43AE-93D4F1A2F10071A8/alpha/J/) you must file your lawsuit as long as how much time is available to you to organize your case and prepare the suit. The statute of limitations (http://www.drugintel.com/public/statute_of_limitations.htm) may allow you from 1 to 6 years to make your decision about filing a suit if the settlement offered by the insurance company doesn't adequately compensate your family for the damages sustained in the accident.

I wasn't certain about one thing in your description of the accident. You wrote,
AS MY MOM LOOKED IN HER PURSE FOR THE RECEIPT SHE PLACED THE COFFEE IN FRONT ON MY SEVEN MONTH OLD SON. HE GRABED THE CUP AS THE SERVER WAS DISCUSSING THE RECEIPT AND IT SPILLED ALL OVER HIM.
Does she refer to your mom or the server?

It sounds like it will be important to get signed, notarized statements from every witness you can identify who directly saw or heard what went on in the restaurant that day. If you are able to demonstrate that more people than you and your relatives witnessed the behavior of the restaurant staff, it would seem reasonable to contact the head office of the restaurant chain to discuss what sounds like very callous treatment.

You will also want to get together with your mom and write up a complete timeline of everything that occurred in order. Did anyone at the restaurant offer you ice or water to cool your child's skin? Who stayed behind to complain about the incident while you took your child to the hospital? You will need to obtain copies of the records written by the emergency room staff at the time of their initial evaluation of your child as well as the records made by your family physician when your child was seen in follow up. In addition, start a list of every out-of-pocket expense involved in caring for your child or for the rest of your family members after the accident, as well as a list of all the expenses paid for by your health insurance. If you or a relative missed time from work because of your child's injuries, you will need records to document the loss of income.

Once you have organized all your records and have a clear story to tell an attorney, you can begin to find attorneys through referrals from friends, phone book or Internet lists, or referrals from your local state bar association (http://www.criminaldefenselawyer.com/stateandLocalBar.cfm). Interview each possible attorney closely to make certain you find one who will aggressively fight for your rights and keep you informed about the progress of your case.

Let me know if you have any other questions about organizing your case or finding an attorney.

Good luck. I hope the above information will help you out. Since I'm not yet an attorney, I summarized the above information from the Web site(s) I linked to above.