Chair Gave Out at a Restaurant...

by Mary
(Brownsville, Texas)

I was sitting in a chair at a local restaurant and was carrying my 8 month old baby. As I was passing my child to my husband, the chair I was sitting on gave out. The chair leg broke and I fell down with my baby in my arms.

I went to the doctor and after several tests, the doctor said I have two herniated disks and a damaged knee. How much money can I get from the insurance company of the restaurant? What should I do?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Chair Gave Out at a Restaurant...":

Mary (Brownsville, Texas):

The amount of money you can recover is dependent upon several factors. They are:

• Establishing the restaurant is responsible for your injuries

• Establishing you didn’t contribute to the cause of your injuries

• Connecting the fall to your injuries

• Confirming you didn’t have any preexisting injuries

The restaurant certainly was responsible for the chair being there and had a duty to make the chair safe for you to sit on. The only way you might have contributed to the chair breaking is if you abused it, or your weight was unreasonably high and more than the chair was designed to carry.

The chair broke, and when it did you fell. The cause is clear. If you had any prior back problems it would be difficult to determine where your old injuries left off and the new ones began.

Hopefully when you fell you alerted the owner or manager of the store. If so they should have created some type of documentation about your injury.

Contact the store and ask them for the name of their insurance company. You can either begin the personal injury case yourself or consult with a personal injury attorney to determine if you want formal legal representation.

Most personal injury attorneys do not charge for an initial office consultation. Speaking with one would help identify the issues and how much your case might be worth.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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