Visitor Question

What can I do if I never hear from the restaurant’s insurance company after a slip and fall?

Submitted By: Anonymous (Atlanta, Georgia)

I was in a local restaurant on June 21, 2017 for lunch. When I first walked in the front door, I almost slipped due to the fact that there was a sizable amount of water sitting on the floor at the entrance. There was not a rubber mat on the floor as there should have been.

I let the hostess at the front of the restaurant know that the floor was extremely slippery. I told her there was a good amount of water on the floor and that I almost slipped on the way in. She said, “thank you for letting me know, I’ll take care of it.”

Over an hour later, as I was exiting the restaurant, I did slip and fall. I landed on my elbow on the hard concrete/tiled floor in front of a lot of people. I was now drenched in the dirty water that was puddled on the floor, since no one had bothered to listen to me and clean it up.

I also could not get up because all my weight was on the elbow I fell on, and I kept slipping trying to get up. After someone helped me up, the manager at the time checked on me and gave me his info. I left in a good amount of pain but thought I would be fine.

After about 5 minutes of driving, my elbow started throbbing and hurting really bad. I went to a local drug store and bought an ice pack, wrap and some Advil (Do not have the receipts). When it started hurting worse, I went to a clinic across the street from the restaurant.

After visiting the doctor, I was told that if it was broken, there was nothing I could do. It would have to heal over time. I chose not to get an x-ray because of the cost and since there was no treatment to receive even if it were broken. I was not insured at the time because my insurance from my new job would not kick in until August. So I had to pay for the exam with cash. I paid the $124 in full before leaving.

After leaving the doctor, I brought the manager from the restaurant the medical bill. He said that he would file it and that I would be receiving a call from their insurance company.

A week later, the manager was very kind and checked up on me, but still no word from the insurance company. After a couple more unanswered emails, I called the restaurant again because I still hadn’t heard from their insurance company. They informed me that the manager I had been dealing with no longer worked there. They also said that they would put the insurance company in touch with me, and after many calls here I am talking to you.

Two months later, my elbow still hurts when I put weight on it. I think I definitely chipped the tip of the bone if I did not break it completely. Obviously, the restaurant is at fault. There should never be a pool of water on the floor of a restaurant, or any work place for that matter. It’s negligence.

What can I do since it has been months now and I still have not heard anything from their insurance company? My numerous phone calls do not get me anywhere at this point.

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,

Based on the facts, the restaurant’s staff was negligent in failing to remove the water. As a result, you fell and were injured. It appears you are seeking reimbursement for your $124 medical bill.

Continue to contact the restaurant. Ask the manger to reimburse you for the $124 bill. If you are dissatisfied with the response, contact their corporate headquarters.

If you are dissatisfied with their response, consider filing a small claims lawsuit against the restaurant. In the State of Georgia, small claims courts are referred to as “Magistrate Courts.” Georgia Magistrate Courts have jurisdiction to hear cases up to, and including $15,000. You will not need an attorney, because Magistrate Courts operate on an informal basis.

This restaurant is a Corporation. Georgia law requires lawsuits against corporations to be served on the corporation’s registered agent. To locate the name and address of their Registered Agent, contact the Corporations Division of the Secretary of State at 404-656-2817. If you have any questions, the Magistrate Court Clerk can assist you.

Hopefully you will be able to settle your claim amicably and legal action will not be necessary.

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: November 14, 2017

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