Eye injury when a waitress popped a balloon in my face...

by Anonymous

I was at a restaurant and they handed out balloons to folks. If your balloon popped first you would win a prize. I was still blowing up my balloon when the waitress used a pin to pop my balloon right in my face. The balloon popped some blood vessels in my eye and my eye was swollen.

The restaurant filled out an accident report and noted the waitress's role in the accident. I went to the hospital right after to check it out, and was told my eye should be fine. The broken blood vessels should heal in a few weeks and the black eye will be gone at the time also. The restaurant agreed to pay my medical bills.

This all happened while my family and I were on vacation. Poor sleep, reduced activity and more time alone, with a painful, swollen black eye is what the rest of my family vacation was like. The doctor recommended I reduce my activities and not drive or swim while taking the pain medication he prescribed. I think I will see a lawyer.

Do I have a case? Can I get compensation in addition to my medical bills, for the pain and loss of enjoyment on my vacation? How do I pursue additional compensation? Thank you.

Visitor Question:
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ANSWER for "Eye injury when a waitress popped a balloon in my face...":

Anonymous (Florida):

Fortunately, you didn't sustain any serious injuries. The injuries you sustained, albeit painful, were transient. At most, you can expect the restaurant's insurance company to pay for your medical bills, medications and related expenses, and perhaps a token amount for your pain and suffering.

If the restaurant's insurance company hasn't already contacted you, ask the restaurant to give you the name of their insurance company and their contact information. Either way, when you speak with the insurance company, tell their representative about the underlying circumstances of your injury.

By the time you speak with the representative it is likely he or she will have a copy of the incident report created by the restaurant at the time of your injury.

The legal doctrine which applies to this case is Premises Liability. Under premises liability, the owner of a commercial establishment is required to do everything reasonably possible to assure those who are on the property are safe from undue injury and harm. This extends to the employees and their duty of care to customers.

You were injured by an employee. As a result, it can be argued the restaurant owner is liable for your injuries and related damages. Damages in personal injury claims can include your medical and therapy bills, out of pocket expenses (for such items as medications, costs of travel to treatment, crutches, slings, etc.), lost wages, and pain and suffering.

Because of the nature of your injury, it is unlikely you will find an attorney who will accept your case. Because your injuries were minor and transient there just won't be enough money in the claim to make it worthwhile. As a result, you will likely be better served handling your own claim. But it never hurts to get a free attorney consultation.

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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