Visitor Question

Slipped and fell on stool wheel in massage room…

Submitted By: Kim (Johnson)

I strained my back almost 2 weeks ago at a massage parlor. I slipped and fell on the wheel of a stool that was sitting in a dark corner and close enough to the massage table to have NOT missed stepping on it. The massage therapists witnessed this.

I asked them for their insurance yesterday. They told me today they have to put a claim in, and I gave them my contact information.

I’m using my own insurance now for medical bills.

Do I continue to use my own health insurance moving forward?

Also, should they pay for my missed work (going on 2 weeks now) and medical bills in a settlement?

If I do get a settlement, what should I be expecting monetarily or for a calculation? Thank you for any information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Kim,

Your settlement, if you receive one, will depend entirely upon the type and nature of your injury, and whether or not that injury was directly and proximately caused by the negligence of the massage parlor owner.

Presuming the chair was placed where it might result in injury, or the lighting was insufficient for you to have been able to see the chair, there may ultimately be a finding of negligence. However, unless your injury resulted in a fracture, torn ligament, muscle, or tendon, or other serious injury, your settlement may not even cover your medical bills.

Just because you sought medical treatment does not mean that medical treatment was the type a reasonable person would have sought for a similar injury. If the insurance company decides your medical treatment, and resulting bills are just too extreme for the type of injury you sustained, you will likely receive a meager settlement.

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

Best of luck,

Published: April 30, 2015

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