A Burger King restaurant in Temecula, CA settled with the family of a 12 year old boy who fell at the fast food facility on August 4, 2005 and struck his head, causing a brain injury, according to a story on mydesert.com.  The boy was playing on a structure inside of the restaurant that looked like monkey bars and a fireman’s pole.  The floor beneath the area was bare tile, with no protective rubber mat installed for safety. 

The boy’s attorney claimed that the restaurant should have installed a rubber mat under the play structure and that parents have an expectation of safety when they take their children to an established playground.  The defendants contended the responsibility for watching the children was with the boy’s father.  Plaintiff’s also contended there was no warning sign at the playground, despite the fact that other restaurants in the chain with similar playgrounds had warning signs installed in the area.

The young boy suffered damage to his parietal lobe, left frontal lobe, and damage to his lungs.  The parties sued were the restaurant franchisee, the parent company, the playground manufacturer, and the playground installer, Delta Marketing, Inc.

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