Walked Into a Sliding Window...

by James
(Miami, FL)

I had just paid the bill after celebrating my girlfriend's birthday and I decided to order another drink. The drinks are two for one and the waiter came back and said "you wanted two drinks". My girlfriend assumed that he was going to charge me for two drinks and bring four. I did not want to pay for two drinks so I followed quickly to the get the waiter.

We were in the outside area where there are a bunch of sliding windows and a couple of normal door windows. One in middle and one at the end where the waiter went through. The problem was that I thought he went through the window which I was trying to go through, but in fact there was a small brick wall separating the sliding windows and the actual window door at the end.

So not seeing the window door and assuming that he went through where I thought he went through, I walked straight into the glass window. I was a pretty dazed and pretty embarrassed. I saw the door behind the brick wall and continued to follow the waiter. He was putting the drink order and I was trying to call him to get his attention and noticed a waitress looking at me with a shocked face.

I felt blood dripping down my face and took a towel and wiped the blood off. A manager saw me and guided me to the bathroom. After cleaning myself up, the manager took my information and met with my girlfriend. We talked to the manager again so I could get contact information just in case.

I went to the hospital and received a tetanus shot and 4 stitched above my right eye. I am currently feeling better, but had a bad headache all night and morning. My insurance covers the expenses but I do have a $200 copay.

Is there any action I can take with this? The waiter had mentioned that he ran into the window too. I feel like those windows can be a hazard and someone might get seriously hurt. My damages were minimal but there should be at least an exit signal on the glass windows directing you to the accurate entrance/exits. Do you think I have a case?

Visitor Question:
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ANSWER for "Walked Into a Sliding Window...":

James (Miami, FL):

You may have a case. The question is, what type of case do you have? At most you might be able to recover the cost of your medical bills. To be able to recover much more you would have to prove the restaurant/bar was negligent.

The restaurant/bar may have had the glass partition in place for months, or even years without incident. Finally, from the facts you present it seems likely you and your girlfriend may have already consumed some alcohol. If you were drinking your chances of prevailing, even in your quest to have your medical costs reimbursed, diminishes substantially.

If you are intent on pursuing your claim, contact management again and ask them to reimburse you for your medical bills. You might also ask them to compensate your for any of your out of pocket expenses, such as prescription and over the counter medications. If you had to miss work you might also ask them to reimburse you for the amount of your lost wages.

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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