QUESTION
Can I get a settlement for falling in front of a restaurant?
Asked on Jul 11th, 2013 on Personal Injury - Georgia
More details to this question:
I fell because the brick on the restaurant’s patio was sticking out of the ground and also the railing that I grabbed to try and catch my fall was broken and made me fall even harder my knees. I am pregnant and been going to doctors for my knee since it has been much damaged. I can barely walk and am not able to do anything or take anything for the pain cause of pregnancy. I have over $8,000 in medical bills and the restaurant is basically just throwing me off and not taking my phone calls.
13 ANSWERS
Ronald A. Steinberg
Take pictures of the brick and of the defective rail. Then get a competent personal injury lawyer.
Answered on Aug 15th, 2013 at 8:02 PM
Yes, it sound like you have a good case. Slip and fall cases are difficult usually because you must prove that the property owner was negligent and that you were not negligent. But, in your case you have the brick and the railing. Take pictures immediately. Then, make a written demand to the restaurant and demand that they inform their insurance company of your complaint. You should consider getting a good personal injury lawyer to write a demand letter to the restaurant owners and managers, and to request information on the insurance coverage including policy limits. Your last step is to file a lawsuit if they won't settle.
Answered on Jul 16th, 2013 at 7:46 AM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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Without a lawyer, the odds of you obtaining a settlement are slim and none. It sounds like you have a claim. That being said, slip/trip and fall accidents are very difficult cases.
Answered on Jul 16th, 2013 at 12:25 AM
James Eugene Hasser
If you can show the restaurant knew or should have known of the defects (which is sounds like you can), they may be liable. Talk to a personal injury lawyer. Good luck.
Answered on Jul 16th, 2013 at 12:25 AM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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The restaurant is liable for injuries you sustained as a result of a dangerous condition on the premises, including your medical bills, lost wages and an amount for your pain and suffering. You have described 2 situations that could possibly make them liable. A couple of things you should do: (1) hire an attorney immediately to assist you in handling your claim, and (2) take photographs of the scene depicting the hand rail and the brick. Do not give a recorded statement to the insurance company, if you have not already do so.
Answered on Jul 16th, 2013 at 12:24 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you can prove with engineering testimony that the paver was not properly installed or maintained, ditto the fense or rail, you can win.
Answered on Jul 16th, 2013 at 12:24 AM
NA richard@jandjlaw.com
The insurance policy for the restaurant may have a no fault premises medical component to pay your bills up to whatever the coverage limit is, no questions asked. You should check in to that with the insurer. Then, you also have a liability claim, too.
Answered on Jul 16th, 2013 at 12:24 AM
Thomas Edward Gates
You case has a low value, but it deserves payment of pain-and-suffering.
Answered on Jul 16th, 2013 at 12:24 AM
Demand to be put in contact with their liability insurance carrier and if they will not then you will have no choice but to file a lawsuit and the insurance carrier may deny coverage for the failure to timely report the injury. California has a form pleading for negligence that you can fill out. You seem to have a good case since there was a defect in the patio and it might not be one that a person, especially if pregnant, might not reasonably see. They take your condition as you are so the increase in pain and suffering because you can not take medication is their responsibility. You likely will need to hire an attorney at some point to force them to consider a settlement but try the filing of the suit procedure first.
Answered on Jul 16th, 2013 at 12:23 AM
Personal Injury Attorney serving Appleton, WI
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Habush Habush & Rottier S.C.
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It is certainly possible that the establishment and its insurance company is responsible for your injuries. There are some important questions to answer before an attorney could have a solid analysis. It may well depend on who owned and is responsible for maintenance, how old the railing was, whether the upheaved brick was recently dislodged, etc.
Answered on Jul 16th, 2013 at 12:23 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan the general rule is that a premises owner has a duty to maintain a safe premises. However, unless there is an exception to the open & obvious rule, or a statutory duty, the premises owner's general duty does not apply. In other words, if a defect is observable on casual inspection (such as a sticking up brick), the duty to maintain is not applicable. However, when the defect is not observable on casual inspection (a loose? railing), then the open & obvious defense does not apply and the general rule of keeping the premises safe applies. Since there are other exceptions to the o&o defense and there could be statutory duties that apply, it would be best for you to consult local Michigan counsel that regularly handle premises cases for a free consultation, so your specific facts can be explored.
Answered on Jul 16th, 2013 at 12:22 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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It sounds like you can, so why don't you go see a good personal injury lawyer to handle your case for you?
Answered on Jul 16th, 2013 at 12:22 AM
Personal Injury Attorney serving Atlanta, GA
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Singleton Law Firm, LLC
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Quite possibly, yes. I suggest you hire a lawyer to help you navigate this minefield known as "premises liability" law in Georgia. It can be difficult if you go it alone.
Answered on Jul 16th, 2013 at 12:22 AM