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Other Personal Injury and Wrongful Death : Airplane Accidents, Boating Accidents, Slips, Falls, etc.
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  #1  
Old 06-12-2005, 03:56 PM
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Join Date: Sep 2004
Posts: 74

Slip and Fall


What is the name of your state?NJ

I had a slip and fall inside a fast food restaurant, which caused minor injuries. Since this is only 24 hours, I have yet to be back to a doctor for a follow up and be sure it will heal without additional problems. I have no concept of sprains and long term problems.

Here is the story. I was in this fast food place and "apparently" there was a loose base-board, of which I was not aware of until I tripped and fell on top of my two year of child. My baby was not hurt. However, my ankle and knee hurt had a lot of pain, but I knew they were not broke.

I immediately reported the accident to the manager whom took a report and asked if I needed an ambulance. I declined as it was not life threating injuries and only had a minor limp.

She continued with her procedure then informed the that "she was sorry that the board should have been fixed, as she notified the people to fix it a week ago". I was angry with her statement as asked why chose to leave a broke/loose base board hanging off the wall, when she could have nailed it back or removed it all together. Instead she chose to leave it there!!!! She had no answer other then they new it broke and had not fixed it.

In short, I added her statement to the liability claims before signing it and asked that she inital the statement as proof that she agreed that she stated this information to me. She also asked that I inital her statement that she had it nailed back to wall prior to me leaving the store. I did, as I requested that she remove or nail that board back immediately, before someone else was injured. I have a copy of this claims form. In addition, to a witness providing a verbal agreement to my statement regarding how the injury occured. Witness provided personal info and was very upset as I fell onto my toddler.

I ended up going to the ER, about four hours later as I had numbing my foot and very sharp pains in my knee with minor swelling. I am glad that I went as I have a sprained knee with contusions (bruses). No broke bones,...thank goodness. Minor nerve trama causing the numbing (not damage), which should go away as the knee heals and swelling goes away.

Now I have 3-6 weeks for recovery, have to hire a mother's helper to help me care for my child during the day, and soon to be coming follow-up bills, etc etc..

Does anyone have advice on how to handle this without a court issue. I just want my expenses paid: hospital, medicines, helper fees, and follow up visits.

They are clearly are at fault and the manager admitted neglegence...can they really fight me over these medical bills after she signed off on the claims form that they were aware and done nothing to prevent customer injury. I'm still waiting for a response from them..I hope they see the light here!

This may be silly, but I had a family trip planned with my toddler (next week) to France for three weeks. Could I ask them to refund the cost to change my tickets agenda? NOT THE COST OF THE TICKETS!!! the airlines will charge me a fee for the change of agenda. They are the reason I cannot go, and I feel I would be able to keep my plan had they just maintained safe property, is this silly to ask of them?

Thanks in advance....

Last edited by nusias9; 06-13-2005 at 04:21 PM.
  #2  
Old 06-13-2005, 11:00 AM
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Join Date: Aug 2004
Location: Atlanta
Posts: 697
You're only entitled to your medical fees.....and possibly the helper's fees. They will not cover your plane tickets.
  #3  
Old 06-13-2005, 12:03 PM
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Join Date: Mar 2005
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Cool

just here to help


for sure you will shoulder your own plane tickets
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  #4  
Old 06-13-2005, 04:33 PM
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Join Date: Sep 2004
Posts: 74
As far as the plane tickets go, I am not asking for the total cost of the tickets, as I can change the agenda. I think they should at least pay the fees to change my flight to another date....I would think they would want to do this since I am not asking for anything unreasonable. From my point of view I would be going to France if the manager just would have removed the broke board a week ago when she was told it was broke...
She chose to leave it exposed where there is heavy customer traffic not me..Please explain why I should have to suck up this cost!!!??

And the Mother's helper...I feel exactly the same as the ticket fees. I did not have a care taker prior to this because I am a stay at home mother. Why should I pay for this it is a direct result of an injury due to neglegence....please explain this as well!! ??

I do not think it unreasonable, more so since I am willing to sign a release waiver if they agree to cover just what I stated regarding the entire matter...I'm truly not wanting to tie up the legal system with non-sense law suits when things like this can be resolved with simple compromises. People are to quick to sue and fail to choose their battles wisely. People fail to relaize that every little non-sense injury sue can come back to haunt them if they were seriously disabled due to neglegence in the future.

Thanks again..

Last edited by nusias9; 06-13-2005 at 06:31 PM.
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