QUESTION
I was injured in a restaurant and am now incurring expenses for treatment should I pursue re-imbursement?
Asked on Jul 30th, 2013 on Personal Injury - California
More details to this question:
On July 17th I was having lunch with my daughter on the outside deck of a restaurant. The umbrella next to our table was wobbling around in the stand and I reached down to try and tighten the lock screw but it just kept turning, as it was stripped out. A little while later, the wind knocked the umbrella over and the pole landed on the top of my head. It hit fairly hard and was very sore. A server came over to pick it up, asked if I was ok, I said it hurt and could feel a lump starting. Another server came over and asked if I needed anything. I asked for a pain reliever and some ice. I got the ice but was told they could not legally give me pain reliever, which was fine. One of the servers checked out the umbrella stand, could not tighten the lock screw and agreed with me that it was broken and carried the umbrella away. The manager eventually came over to ask what happened and I told him that the umbrella came out of the stand and the pole landed on my head. I mentioned that it had been wobbling around and that I had tried to tighten it but that it just kept turning and would not tighten. He repeated the fact that I had tried to tighten it and I clearly heard in that the fact that he would try to say it was my fault. But his server did the same thing I did in trying to tighten it and agreed that it was broken. He apologized and took my meal off the bill. I left with my bag of ice. Within the hour, my neck started to get sore. I have arthritis in my neck and, according to my chiropractor who I was treated by yesterday, the pole, falling on the top of my head set off a chain reaction of inflammation down into my neck. This also set off a bout of vertigo, which has lasted several days. This injury is now costing me money for chiropractic adjustments, he recommends that I come back for further treatment. Should I contact the manager and mention the situation and am I able to seek re-imbursement for my expenses?
11 ANSWERS
Ronald A. Steinberg
You have a premises liability claim. They will claim, however, either that they did not know of the defective umbrella, or they will say that when you played around with the set-screw YOU caused it to become unstable. Depending on how severely injured you are, you could (and probably should) consult with a personal injury lawyer.
Answered on Sep 11th, 2013 at 12:45 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can seek reimbursement. If you wish to seek reimbursement, you should call the Manager and ask for their insurance information so that you can file a claim. They may deny liability. You will have the burden of proving that the restaurant was aware that the umbrella was broken (before the accident). If employees admit that they had had problems before wit the umbrella, that would be enough. Without that, liability is not a sure thing.
Answered on Aug 01st, 2013 at 8:52 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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A business proprietor can be held liable for known hazards that could foreseeably result in injury. In order to make a claim the injured party has to show either that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action. In your situation, it is likely that the umbrella came loose from its clamp over time, so someone should have noticed it and fixed it. However, it is a bit of a stretch to say that they should have known this condtion would likely result in injury. But there is another possibility: some liability insurance policies include a provision called a "medical payments provision". Although it is not required, this provision will pay medical expenses up to a certain amount, regardless of fault.
Answered on Aug 01st, 2013 at 8:12 AM
4 Awards
It is unlikely that the restaurant will pay for your medical care voluntarily. Your injury sounds substantial, especially if you are also suffering from Vertigo.
Answered on Jul 31st, 2013 at 9:38 PM
Thomas Edward Gates
While you can seek payment for your medical costs. However, there are several issues at play. You should have gone to see a doctor and not a chiropractor to get an assessment of your injury. You have a preexisting condition and this will discount the full burden of responsibility. In addition, since you tried to "fix" the umbrella, they can claim and, likely will, that your actions contributed to the accident and you should also bear responsibility for the accident. I know all of this is not fair, but that is the world we live in. You may want to retain an attorney if your medical costs add up or you get tired of the run around.
Answered on Jul 31st, 2013 at 9:28 PM
James Eugene Hasser
For them to be liable, you'd have to show they knew or should have known of the problem and failed to warn you, guard you against it or fix it. They will probably claim that you knew it was defective and assumed the risk of injury; but maybe not. You can make a claim and see what they do. If they deny liability, you still may be able to make a medical payments claim which, if their policy has it, will pay for medical bills only without regard to liability.
Answered on Jul 31st, 2013 at 5:20 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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You certainly can make a claim for damages against the restaurant. First you must find yourself a good lawyer to handle this matter for you. Your lawyer will investigate and, most importantly, find out who witnessed the incident (including the names of the restaurant's own employees which you mentioned). Statements from the witnesses need to be taken, and if the restaurant balks at cooperation, your lawyer may need to file a lawsuit right away so he can use the power of the court to compel the restaurant to cooperate. Don't wait; every day which passes makes it that much harder to win your case. Witnesses' memories fade, people move away (even out of state) and may be impossible to reach, etc. Time is of the essence, here.
Answered on Jul 31st, 2013 at 3:18 PM
It does seem that the restaurant was negligent in that they should have seen the umbrella moving about. Inform the manager and ask for the contact information of their liability insurance carrier to make a claim. They will not like that you are treating with a D.C. as opposed to M.D. but if the number of visits is relatively low over a short period of time they will likely accept it. If they reject the claim then you will have to file in Small Claims Court. There are various books that you can get at a library as to how to handled a small claims matter.
Answered on Jul 31st, 2013 at 3:18 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you have a case of liability (seems like you do) and if you did nothing to cause the problem (they may say you did) and if your injuries are real then you ought to have a good Personal Injury layer review your case with you. Be careful, chiropractor will sometimes say anything to get business. Have a neurologist take a look.
Answered on Jul 31st, 2013 at 3:16 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Most assuredly. If he doesn't react appropriately, he is required under Section 627.4137(1)(e) to provide you with the name of his liability insurer. Ask him for his insurance information and contact his insurer and report the claim to them.
Answered on Jul 31st, 2013 at 1:23 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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Based on the facts you have presented, it sounds like you have a good claim against the restaurant. However, before you do anything, you should consult an attorney, like me, who practices personal injury litigation. If you attempt to do it on your own, the insurance company for the restaurant will give you the run around.
Answered on Jul 31st, 2013 at 12:58 PM