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Proving negligence

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E

ellitot

Guest
Hello, I fell out of a bench in a McDonald's restaurant 6 weeks ago and sustained a ruptured disk. McDonald's is denying the "incident" claim because they say they are not negligent. The bench was highly varnished and very slippery and when the manager wrote out the accident report he said to me and 3 other witnesses that "these benches can be kinda slippery and you have to be careful."

Can a statement like that help in my effort to prove negligence? Would this be verbal proof by the manager that he was "on notice" that the benches might cause an accident? I have talked to an Attorney who was all eager to "help" me out until McDonald's denied the claim. He has backed way off now saying that it will be hard to prove they were negligent. I was injured in a way from this accident that will cost me quite a bit of pain and lost wages and I was doing nothing that would have contributed to the accident. Do I seek out another Attorney or am I at the mercy of McDonald's and their slippery benches?
Thanks
 


HomeGuru

Senior Member
That attorny is just scared of the Hamburgular and 2 nuggets short of a Happy Meal. Hire another PI premises liability attorney. This should be an easy case to settle/negotiate. So what if they deny the claim, just file suit.
By the way, were you holding a hot cup of coffee while sitting on the bencn?
I have seen those benches and I know what you are talking about. Even Ronald would slip and slide.
 
E

ellitot

Guest
Sorry to say there was no coffee involved:-( I'm finding out real fast though what that lady had to deal with. These folks are real jerks. I appreciate your response and even more the humor in it. Thanks for the info and the laugh. Going to find myself an Attorney with the appropriate sized "nuggets."
 

HomeGuru

Senior Member
You want Supersize!
I guess you will be eating at Burger King now.

When you have time, go back to that McDumbells and take a look at that bench. Did the management put up signage or do anything to the bench to mitigate injury to others?
 

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