Visitor Question

Tripped on rug not lying flat on the floor…

Submitted By: Anonymous (USA)

I tripped inside a fast food restaurant on a rug that was not laying flat on the floor. I landed on my knee which was badly bruised, and slammed my head into the glass door and metal frame. I split my forehead open and suffered a concussion. I have since missed a week of work and I’m still very dizzy. I had 2 CT scans so far to check for damage.

I’m wondering, do I have a liability case? What can I do?

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 Anonymous,

You do have what is referred to as a “premises liability” claim against the restaurant. The restaurant had a legal duty of care to keep their premises safe for its patrons. By leaving the rug unfurled the restaurant “breached its duty of care.” Their breach is tantamount to negligence and that negligence makes the restaurant liable for your damages.

Common law damages normally include your medical bills, costs of medications, your lost wages, and the pain and suffering, sometimes called mental anguish or emotional distress you endured.

Hopefully at the time you fell you contacted management. If so, the manager may have filed an incident report. Although you may not now be entitled to a copy of the restaurant’s incident report, if a lawsuit becomes necessary your attorney can subpoena it.

Speak with the manager. Make sure he or she is aware you sustained injuries when you skipped and fell over the rug. Tell the manager you want to speak with the restaurant’s insurance company so you can file your personal injury claim.

Because of the seriousness of your injuries you will need an attorney. This is not a claim you should handle yourself. There’s just too much at stake. Your attorney will be able to subpoena the restaurant’s records, take depositions of employees, and otherwise engage in expert pretrial discovery. Tell your attorney the names of any witnesses you have. If you took any photos of the unfurled rug at or about the time you fell, be sure to bring those to your attorney as well.

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: June 14, 2013

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