QUESTION

Is a restaurant responsible for my medical (ER) fees, after suffering an injury at their location?

Asked on May 30th, 2013 on Personal Injury - Michigan
More details to this question:
The other day. I was leaving a seafood chain restaurant. As I walked out through a metal gate. It quickly shut on my food causing a puncture to the back of my heal. They did not even have a proper first aid kit. They handed me the hand sanitizing towelettes. It cut very deep however there was not enough skin there for stitches. This has prevented me from take a summer PE course at my local university (requirement to complete my degree). And as a female I am not quite upset about the potential scar it will now leave. When their legal department called me back they said they said they would not pay. Should they be responsible?
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10 ANSWERS

Ronald A. Steinberg
If you can prove that the restaurant knew before you got hurt, or reasonably should have known, that there was a defect on the property, and that you could not discover it by yourself, then you are entitled to recover the reasonable expenses for all necessary care which you received, as well as all provable damages suffered.
Answered on Jun 03rd, 2013 at 9:46 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Question has nothing to do with being female or any of the other things in your question. the question is always were you injured as a result of the negligence of someone else, and were you negligent yourself. If the answer is yes to the first, and no to the second, the next question is what is your damage? doesn't sound like much damage and the medical payments insurance should pay the ER bill. What is the real problem here?
Answered on May 31st, 2013 at 12:42 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Yes they should, and for more than just medical bills. Get a lawyer and sue them.
Answered on May 31st, 2013 at 9:29 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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I cannot tell from your description of the accident whether they are liable. The are not liable just because you were injured on their property. You would have to show that they were negligent somehow. You say "it quickly shut on my food" I assume you mean foot. I cannot tell whether you shut it, they shut it, or it is some sort of automatic gate. If they shut it as you walked through, they are probably liable. The fact that they are offering to pay your bills might indicate that they agree that they are liable. If they are liable, you could be entitled to damages for missing your class, and pain and suffering and disfigurement for a a car.
Answered on May 31st, 2013 at 9:29 AM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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You should first ask if they have a med-pay provision with their insurance company. If they do, they will pay your medical expenses regardless of fault up to the limit of the provision (usually around $5,000). To hold them liable for your other damages would be difficult. If you could prove that they have had complaints or others injured by the gate and they have not done anything to rectify the problem, they might be liable. But I seriously doubt they would admit to that. You could get an expert to attest that the gate is dangerous condition. But in the grand scheme, this seems like a minor injury and not one that an attorney would take on contingency and to go out and hire an expert who would charge thousands of dollars. Your one alternative is to go to small claims court. If you are in California, you can sue up to $10,000. But you still have to prove your case.
Answered on May 31st, 2013 at 9:28 AM

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James Eugene Hasser
In Alabama, you have to prove they knew or should have known it was a dangerous condition and failed to guard against it, warn against it or fix it. If you can't prove that, you might be able to make a medical payments only claim if they have that kind of coverage. Good luck.
Answered on May 31st, 2013 at 2:51 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Maybe, unless you were drunk or fooling around with the gate, in which case it may be your responsibility. I would think they would at least pay your ER bill though. Did you ask for a lot more than that?
Answered on May 31st, 2013 at 2:49 AM

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Lisa Hurtado McDonnell
They are liable for the medical cost and some pain and suffering, however if medical are minimal then so is your pain and suffering award. File a claim with their insurance company and if they still won't pay take the restaurant to small claims. I don't think they will be held responsible for you not enable to finish your summer PE class.
Answered on May 31st, 2013 at 2:30 AM

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Monica Cecilia Castillo-Barraza
Need more information but it sounds like the restaurant may have liability. You should consult with a local personal injury lawyer.
Answered on May 31st, 2013 at 2:21 AM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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The general premises liability rule of law in Michigan is that a premises owner has a duty to maintain a safe premises for business invitees. However, if a dangerous condition is open and obvious, that general duty no longer applies according to Michigan court decisions. There are exceptions to the open and obvious defense, including if the hazard is created by the premises owner/controller, if there is a violation of a statutory duty or if the hazard is extreme. There used to be an exception if the hazard was effectively unavoidable, but the same is being/has been eroded by the courts who favor businesses over injured people. These cases are fact specific, so it's best to consult qualified local Michigan counsel who regularly handle premises cases to review your exact situation for an opinion about the viability of any claim. Premises owners/controllers are not automatically liable for any injury that occurs on their premises, although many have "med pay" coverage of a few thousand dollars that is usually available to pay uninsured medical costs.
Answered on May 30th, 2013 at 10:18 PM

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