Injury in a Launry Place

[arthur1016]

What is the name of your state?

California,

I was doing a laundry this afternoon and when I was walking to a dryer, My left foot was hit on an edge of a rusty metal board which fell from a dryer and was lying on the floor. For the first a couple of minutes, I felt severe pain and then after I lifted my left foot , I saw a not too deep and not too superficial cut a little below my toe and it was bleeding. After I talked to a Mexican lady who works there and asked to get a hold of the manager or owner, she simply told me" it is not my fault, and kept repeating that"

I called 911 because I wanted to get a report and get medical treatment to avoid infections on the cut, then a fire engine came and an ambulance in another 5 minutes and sent me to a nearby hospital.
I took a shot for infection and they wrapped my cut and told me to go check a doctor in 2 days.

The owner of the laundry place called me when I was in hospital and left me a message, and I called him back after I got home. I asked him what he is gonna do, is he gonna pay for my medial bills and ambulance charge etc, he asked me do I have my own insurance ? I told him I have been laid off for almost 6 months and do not have insurance. He said he has to check with his insurance company, and I told him I don't know what to do now.

I really do not have any experience in such stuff, the injury is not very serious, and I am worried if the owner will refuse to pay the medical bills and ambulance charge. Can you guys tell me what should I do???

Thanks in advance, any input will be appreciated very much...

ArthurWhat is the name of your state?

[HomeGuru]

Originally Posted by arthur1016

What is the name of your state?

California,

I was doing a laundry this afternoon and when I was walking to a dryer, My left foot was hit on an edge of a rusty metal board which fell from a dryer and was lying on the floor. For the first a couple of minutes, I felt severe pain and then after I lifted my left foot , I saw a not too deep and not too superficial cut a little below my toe and it was bleeding. After I talked to a Mexican lady who works there and asked to get a hold of the manager or owner, she simply told me" it is not my fault, and kept repeating that"

I called 911 because I wanted to get a report and get medical treatment to avoid infections on the cut, then a fire engine came and an ambulance in another 5 minutes and sent me to a nearby hospital.
I took a shot for infection and they wrapped my cut and told me to go check a doctor in 2 days.

The owner of the laundry place called me when I was in hospital and left me a message, and I called him back after I got home. I asked him what he is gonna do, is he gonna pay for my medial bills and ambulance charge etc, he asked me do I have my own insurance ? I told him I have been laid off for almost 6 months and do not have insurance. He said he has to check with his insurance company, and I told him I don't know what to do now.

I really do not have any experience in such stuff, the injury is not very serious, and I am worried if the owner will refuse to pay the medical bills and ambulance charge. Can you guys tell me what should I do???

Thanks in advance, any input will be appreciated very much...

ArthurWhat is the name of your state?

**A: are you saying telling us that as a result of the injury you have sustained damages?
How much are you talking about?

[garrula lingua]

You diverted an ambulance and a fire truck for a cut on your toe ?????

You are a moron.

[arthur1016]

I called 911 because I wanna get a report.

I am seeking advice not attacks.

Thanks.

[JETX]

Originally Posted by arthur1016

I really do not have any experience in such stuff, the injury is not very serious, and I am worried if the owner will refuse to pay the medical bills and ambulance charge. Can you guys tell me what should I do???

Based solely on the contents of your post.... the laundry owner is likely NOT liable for your injuries. To be liable, you would have to PROVE that the laundry owner or his agent KNEW of the hazard before the accident and did nothing to remove the hazard.
And even if you could PROVE it, any award would be based on what a REASONABLE person would do. Your calling 911 and having an ambulance transport you for a minor cut is NOT reasonable.
Owner might be liable for some first-aid ointment and a bandaid. The rest is yours.

[las365]

Many commercial property liability policies have a "no-fault" component like medpay that covers a few thousand dollars in reasonable and necessary medical expenses. That may apply here.

Having the cut checked out to see whether you need sticthes and getting a tetanus shot? I'd say probably reasonable and necessary. Calling an ambulance? No.

[CJane]

Were you wearing shoes?

[arthur1016]

I was wearing a slipper.

As I said, I called 911 because the lady working there kept telling me " it was not her fault and didnt tell me how to get ahold of the manager and owner.

Also it happened on Saturday, I would not have been able to see any regular doctor, so I think it is justified to go to emergency room.


Let me know if you have any suggestion

[tranquility]

Based solely on the contents of your post.... the laundry owner is likely NOT liable for your injuries. To be liable, you would have to PROVE that the laundry owner or his agent KNEW of the hazard before the accident and did nothing to remove the hazard.

In California, the standard is simple negligence twisted by the common law property rules. The landlord does *not* need to know, but must make a reasonable inspection for latent issues. Slipping on grapes or banana peels depend upon the inspection protocol. I'd be willing to bet a laundry location has inadequate inspection unless there is a manager on premisis. I'd also be willing to bet the OP can find liability unless the landlord can prove he inspected regulary and documented the inspection.

I suggest the OP send a letter polietly demanding the damages. Maybe a little more for pain and suffering. While I think calling the paramedics is a bit......STUPID...that does not mean the OP wasn't damaged. She should most likely be compensated for the damage. (Unless the landlord made a reasonable inspection or the danger was patent.)

[CJane]

Originally Posted by tranquility

In California, the standard is simple negligence twisted by the common law property rules. The landlord does *not* need to know, but must make a reasonable inspection for latent issues. Slipping on grapes or banana peels depend upon the inspection protocol. I'd be willing to bet a laundry location has inadequate inspection unless there is a manager on premisis. I'd also be willing to bet the OP can find liability unless the landlord can prove he inspected regulary and documented the inspection.

I suggest the OP send a letter polietly demanding the damages. Maybe a little more for pain and suffering. While I think calling the paramedics is a bit......STUPID...that does not mean the OP wasn't damaged. She should most likely be compensated for the damage. (Unless the landlord made a reasonable inspection or the danger was patent.)

It sounds like the 'danger' had only just happened. At least, that's what I get. The metal 'board' fell from a dryer and OP - who was NOT wearing shoes - cut his/her foot on it.

The fact that OP was not wearing shoes in a public place (which I would be willing to bet has a no shirt/no shoes sign posted somewhere) might also impact his/her case, yes?

[tranquility]

I agree with the thought of the length of time the danger existed. That's why the inspection protocol is important. But, unless there was a sign regarding footwear, I'm not sure about the later. I am a shoe person and wouldn't walk around without them. But, it's not illegal to be barefoot or to wear sandals. I don't think there is a duty to wear footwear unless the situation is one where there is a patent danger to the level of an assumption of the risk. But, I've not read any case law on the matter so could be wrong.

[arthur1016]

Do you guys think I need a lawyer or I can just represent myself since its a small case? How should I contact the owner? I am waiting for his response, which he told me he will talk to me after he check with his insurance company.

Thanks again.

[Zigner]

How small is small?

If you're under the small claims limit, then you'd handle it yourself. Of course, you might spend a little bit of money to have an attorney write a demand letter before you sue (you won't be able to recover that in your lawsuit)

[Antigone*of*Greece]

Originally Posted by arthur1016

I was wearing a slipper.


Let me know if you have any suggestion

Call Cinderella


Sorry Arthur - I just couldn't resist.

[arthur1016]

Beg your pardon, Wirelessany1?

I am not a native english speaker, did not get what you mean.