Fell on a Wet Floor at the Nail Salon...

by Tina
(Palm Springs, CA)

I fell at a nail salon after they washed the floor, but they had no wet floor signs up. I sprained my ankle and got a concussion in the fall. The owner called today stating that they fired the nail technician and kept her paycheck & tips for the week to help compensate me for medical expenses. She also indicated they have no insurance and may be going out of business.

I'm wondering what I should do? Thanks for any tips you can give.

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 "Fell on a Wet Floor at the Nail Salon...":

Tina (Palm Springs, CA):

It remains unclear why the nail salon owner would fire the nail technician after someone washed the floor, unless the nail technician is the same person who washed the floor and failed to place the "Wet Floor" sign up. Either way the nail salon owner's decision to withhold wages from the nail technician sounds a bit extreme.

Your concern appears to be the company owner's announcement of the imminent closing of the business. If you are concerned you can file a lawsuit right away. Doing so is no guarantee you will receive compensation for your injuries, but it may result in the company's insurance company negotiating a settlement with you.

If the company had insurance at the time of your injury and the company goes out of business, the insurance company will still be liable to compensate you for your injuries. That's even if they don't insure the nail salon any longer.

The next hurdle will be the establishment of your "damages". A financial personal injury settlement must be based upon the medical bills incurred as a result of a person's injuries. Your facts don't mention whether you were treated by a physician immediately after your injuries. Without supporting medical evidence, and the costs related to it you really won't have any case of substance.

In the alternative, if after you were injured you sought medical attention and are able to produce documentation of that medical attention, your case will be much stronger.

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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