Eighteen months ago I slipped on a greasy wooden floor in a well known restaurant. My fall was witnessed by the waitress. I instantly felt ill and immediately left. I did not file a complaint with the restaurant at that time.
The waitress ran over as I was gathering my things to leave to see if I was okay. I couldn’t even speak to her.
I soon got myself to the emergency room and was diagnosed with a shattered wrist – 8 breaks in both bones along with a broken joint. My insurance covered most of it. Including physical therapy the total came to approximately $8,000.
I am now “healed” but still suffering. It’s not constant, but I have fairly consistent pain, possible arthritis, and only 60% mobility. I am unable to do things I once loved to do such as yoga. I cannot write for long periods due to pain, discomfort and weakness. I am still wearing a brace to offer support when the pain is at a high point. My grip is also poor and I’m constantly dropping items and struggling to do things such as turn door knobs and even make sharp turns when driving (this was my right arm and I am right handed).
I declined to pursue any sort of lawsuit at the time as I was hopeful I would heal and move on with my life. But almost two years later, this is still an issue.
I would like to also mention that my companion that evening works across the street from this restaurant. She said that she has slipped (but did not fall) several times in the restaurant and so have many of the women in her office. They will decide to dine in the establishment based on their footwear that day (I was not wearing heels that night) due to being afraid of falling on the slippery floors.
I guess my question is… should I pursue this? I am very unhappy with my situation and feel that it is a known issue that could have, and should have, been prevented. Thank you.
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.
While we can’t tell you whether you should or should not file a lawsuit against the restaurant, we can tell you from the facts you present it would appear you have a very strong case.
Your decision to pursue a claim must be made quickly, as in almost all states there is a 2 year Statute of Limitations. That means if you haven’t settled your claim or filed a lawsuit within 2 years from the date of your injury you will lose your legal right to file suit against the restaurant.
Although all personal injury lawsuits do not require the services of a personal injury attorney, in your case, because of the severity of the injuries, and the very small window of time left in which to pursue a valid claim, we urge you to seek the advice of a qualified personal injury attorney.
If you choose to retain a personal injury attorney she may attempt to settle your case before the statute of limitations runs (closes). It is though quite probable she will simultaneously file a lawsuit against the restaurant. Doing so will protect your legal interests.
Most personal injury attorneys do not charge any fee for an initial office consultation. Once you have discussed your case you will be in a better position to decide which course of action to take.
Learn more here: Restaurant Liability for Injuries
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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