I was leaving a restaurant and walking down the center isle (hardwood floors). There was water on the floor that I did not notice and I slipped and fell, landing smack on my knees with legs in a “strange position” and I hit my hand on either another customer’s chair or a wall (not sure).
It happened tonight and my knees and left leg are throbbing. My right hand has shooting pain and I have lower pain in the right side of my back, but nothing is broken. The owner of the restaurant came out and apologized. He gave me his business card and said to contact him.
Is the restaurant at fault even though no bones are broken? Should I be doing something now? Any info you can give would be appreciated.
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.
From the facts you present it would appear the restaurant should be responsible for your injuries. Presuming you were not intoxicated (don’t be offended, it’s normally one of the first questions an insurance company will ask of anyone claiming injuries), and also presuming there were no cones or other warning devices at or around the wet area, the restaurant’s liability would seem clear.
Without diminishing the amount of pain you suffered, if your injuries did not require a trip to the emergency room or local clinic, and if you haven’t lost any wages or salary, your injuries will be classified as “Soft Tissue” and financial compensation may be negligible.
If swelling or discoloration develop be sure to document them by digital camera. If the pain does not subside within a few days you should seek medical attention as soon as is reasonably possible.
Hopefully you have recovered by this time. If you haven’t and the pain remains or worsens you would be well-advised to seek medical attention and then consult with a skilled Personal Injury Attorney. Because California has a 2 year Statute of Limitations, you need not worry. There will be up to 2 years of time to pursue a claim against the restaurant.
For now be vigilant and allow your body to guide you. It will tell you which avenue to pursue.
Learn more here: Establishing Property Owner Liability
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 888-972-0892.
Best of luck with your claim,
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