Restroom Fall

[Cmcain16]

What is the name of your state (only U.S. law)? Ga
My daughter, friends, and myself were at a local restraunt. My daughter and her friend(both 11 yrs old) went to the restroom. After a few minutes, my friend went to check on them. There was a male worker in the restroom with them mopping. My daughter said that her just walked in and started mopping around their feet. My friend told the kids to leave, but when they did my daughter slipped on the wet floor. She grabbed the door frame and the door automatically closed on her fingers. I heard her screaming and I did notice that there wasn't a wet floor sign. I took her to the dr and one of her fingers had a small break. The restraunts insurance wants to pay my copays for the dr visits. My daughter is involved in Travel softball and cannot play right now. Even though she can play, we still have to pay to keep her on the team. We are also required to come to the games even though she isn't playing. I think there should be some kind of compensation for the softball as well. The insurance doesn't see it that way. We aren't wanting to get rich, we just want to make sure we cover all our bases. If anyone has any advice, I would appreciate it! Thank!

 

[Zigner]

They don't have to cover your costs for an optional activity.

 

[mikelaws92]

Injury was entirely due to the negligence on the part of restaurant's cleaning staff. If you feel that injuries are serious and will have impact on your child's future, you should consult with an attorney. If not, you can just leave it. Remember, in order to prove your case, you have to provide evidence in court.

 

[quincy]

What is the name of your state (only U.S. law)? Ga
My daughter, friends, and myself were at a local restraunt. My daughter and her friend(both 11 yrs old) went to the restroom. After a few minutes, my friend went to check on them. There was a male worker in the restroom with them mopping. My daughter said that her just walked in and started mopping around their feet. My friend told the kids to leave, but when they did my daughter slipped on the wet floor. She grabbed the door frame and the door automatically closed on her fingers. I heard her screaming and I did notice that there wasn't a wet floor sign. I took her to the dr and one of her fingers had a small break. The restraunts insurance wants to pay my copays for the dr visits. My daughter is involved in Travel softball and cannot play right now. Even though she can play, we still have to pay to keep her on the team. We are also required to come to the games even though she isn't playing. I think there should be some kind of compensation for the softball as well. The insurance doesn't see it that way. We aren't wanting to get rich, we just want to make sure we cover all our bases. If anyone has any advice, I would appreciate it! Thank!

There is not enough information provided to say, unequivocally, that the injury was "entirely due to the negligence on the part of the restaurant's cleaning staff."

The fact that the restaurant's insurer has offered to cover copays for the doctor's visits does not mean that the restaurant is claiming liability for the daughter's injury. Often an entity will try to stave off a lawsuit by making a goodwill gesture.

I am curious to know if a sign was posted on the door saying the restroom was closed for cleaning.

 

[tranquility]

I would not rely too much on the warning sign not being up in the restroom. The magic talisman of the warning sign's purpose is to fulfill the landlord's duty to make safe, perhaps by warning, latent dangers. If a person sees a person mopping, it seems to me it would be patent the floor was wet. Maybe not. But it seems to me a guy with a bucket and a mop is as much of a warning as a yellow sign, even if the danger was not obvious.

 

[quincy]

I would not rely too much on the warning sign not being up in the restroom. The magic talisman of the warning sign's purpose is to fulfill the landlord's duty to make safe, perhaps by warning, latent dangers. If a person sees a person mopping, it seems to me it would be patent the floor was wet. Maybe not. But it seems to me a guy with a bucket and a mop is as much of a warning as a yellow sign, even if the danger was not obvious.

There is more that needs to be known but I agree that, when you see someone mopping a floor, it implies the floor is wet whether a sign is posted or not.

But I remain curious whether the girls entered the restroom knowing it was closed for cleaning. I question a restaurant worker being in the restroom to mop the floor if the worker knew the restroom was in use. A lot, I suppose, could depend on the size of the restroom. Most restaurant restrooms are not large enough for a crowd of people and the restroom door generally would be propped open during cleaning.

 

[tranquility]

There is more that needs to be known but I agree that, when you see someone mopping a floor, it implies the floor is wet whether a sign is posted or not.

But I remain curious whether the girls entered the restroom knowing it was closed for cleaning. I question a restaurant worker being in the restroom to mop the floor if the worker knew the restroom was in use. A lot, I suppose, could depend on the size of the restroom. Most restaurant restrooms are not large enough for a crowd of people and the restroom door generally would be propped open during cleaning.

Up until this year, I might have questioned a man coming in to mop in a restroom that is currently occupied by young women.

 

[quincy]

Up until this year, I might have questioned a man coming in to mop in a restroom that is currently occupied by young women.

I was trying very hard to avoid this thread taking that direction. The inclusion by Cmcain16 of that information in a "personal injury" thread seemed suspect to me from the start.