A family in Queens, NY, plans to sue Applebee’s after a toddler was severely burned by scalding hot water they requested to clean silverware.

According to PIX 11, Cadien Scott Gaffney was at the restaurant with family on Oct. 5 when his family requested a cup of hot water to sterilize utensils. While the family was at the table, Cadien grabbed the cup of hot water, thinking it was his drink, and spilled it on himself. When the baby started screaming, the mother tried to take off his shirt, but some skin was pulled off too.

The family plans to file legal action against the company because the employees allegedly did not call 911 for over 20 minutes, the family’s attorney said.

"This is a family restaurant. They should have known better," Sanford Rubenstein, the family's attorney told PIX 11. "This shouldn't have happened."

However, Applebee’s is countering the family’s claim and said security footage shows staffers acted “with urgency.”

“We are truly saddened by this accident and our thoughts are with the child and family. After a thorough investigation and review of security footage and call logs, we are confident that our team members acted with urgency, calling for medical assistance while helping the family. We were unable to obtain the family’s contact information onsite but would like to assist in any way that we can as we continue to cooperate with authorities. As always, the safety of our guests is top priority,” the company said in a statement.

Now, people are debating whether or not the family is actually to blame. Other customers present during the incident said the parents were the ones responsible for protecting the child from the hot water and ultimately for getting him help immediately.

“Why did she wait to call 911? [If] my baby is burned, my first response is to secure my kid. And then call 911,” Shaquana Jennings told the New York Post.

“It’s not their (Applebee’s) fault. She asked for the hot water… She should have been more aware of the child and the hot water,” Jennings added, “I don’t understand how she can be suing them for a mistake she made.”

Michael Douglas, who was at the restaurant with his 18-month-old son, said the server may have placed the water too close to the child, but in the end, the parents are still responsible.

“If my baby gets hurt, I call 911 myself right away,” he told the Post.