Restaurant Slip And Fall Case – Expert Advice

January 31, 2009

Subject: BBQ Restaurant Slip And Fall Case

Question: On the way out of a BBQ chain in Texas, I slipped and fell on their wet concrete floor (enterior entrance freshly mopped). I ended up twisting, falling, and landing on my back. The Manager immediately filed an incident report. He even got after his employee for not having the wet floor sign out. He then promptly offered me a free meal for my troubles. I woke up in the morning stiff as a board, lower back pain, and pain at the base of the neck. After a visit to the doctor later that morning, the results included a sprained knee, a slipped disc that pinched a nerve (causing numbness in my left thigh), as well as a neck sprain from a whiplash motion from hitting the floor. The doctor says that I will need therapy 3 times a week for several months for the back and knee injury, with a series of cortizone shots as well. I have talked to a lawyer, but haven’t signed nothing yet. My question is, do I have a good case to get the BBQ chain restaurant in question to pay for my doctor bills (which I have been currently using a co-pay with my insurance), and what other options do I have? I’ve missed a couple days of work already (doctor’s orders, as well as several classes (master’s program) at the state university in town. I hope you can help.

Answer: I am an attorney in Florida, and I don’t know Texas’ laws, but usually a slip and fall case as you have described in Florida creates liability against the person that owns and/or maintains the property. Because of that, the BBQ Chain should be responsible for your medical bills. My advice to you is to retain an attorney that specializes in slip and fall personal injury cases in your area. He/she will be able to tell you whether there is any “medical payments” insurance coverage which applies to injuries that occur at the restaurant, and which may be available to pay for your medical bills. However, you may be entitled to money damages above and beyond just reimbursement for medical bills, such as past and future lost wages, and past and future pain and suffering. It is important to speak with an attorney shortly after the slip and fall case occurs to understand all your legal rights, and get advice on how to protect your rights, and recover whatever damages may be available to you. Additionally, your attorney can move quickly to get photographs of the area, secure statements from witnesses whose memories fade over time, or witnesses that disappear over time, and research whether incidents like yours have happened in the same area before. Most Florida personal injury attorneys work on a contingent basis, meaning you don’t owe an attorney’s fee unless the attorney is successful in recovering money for you from your fall. I assume Texas personal injury attorneys work the same way, so there is really no downside to speaking with an attorney in your area to find out whether you have a slip and fall case that should be pursued.

Good Luck. Joseph M. Maus Joseph M. Maus, PA

For more information about a slip and fall case, contact Florida premises liability lawyer Joseph M. Maus at 1-866-556-5529 or email him today.


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