Should I settle or sue? Or will they settle?

[RenaB]

In Tennessee

A while back I fell while exiting a McDonald's, due to the fact that their entryway was wet/icy and there was not a wet-floor sign there. The manager filled out an accident report and 2 people who saw me fall (and ran to help me) signed as witnesses. The next day I had to go to the ER where they took X-rays and said that nothing was broken but that my hip and ribs were bruised and prescribed rest, pain medication, and a little time off work.

Yesterday I was contacted by the insurance company of McDonald's and they recorded my statement and asked a ton of questions, to which I was honest. Now to the root of my question: Many of my friends are saying I should sue, because it was their fault and they should be made to pay. Then some of my family members say that they will settle with me automatically because McD's was in the wrong...blatantly. Does anyone know if they will try to settle, or should I sue, even though I didn't break any bones. Anyone who has been in a similar situation, please help me! I need advice badly!!!What is the name of your state (only U.S. law)?

 

[Proserpina]

In Tennessee

A while back I fell while exiting a McDonald's, due to the fact that their entryway was wet/icy and there was not a wet-floor sign there. The manager filled out an accident report and 2 people who saw me fall (and ran to help me) signed as witnesses. The next day I had to go to the ER where they took X-rays and said that nothing was broken but that my hip and ribs were bruised and prescribed rest, pain medication, and a little time off work.

Yesterday I was contacted by the insurance company of McDonald's and they recorded my statement and asked a ton of questions, to which I was honest. Now to the root of my question: Many of my friends are saying I should sue, because it was their fault and they should be made to pay. Then some of my family members say that they will settle with me automatically because McD's was in the wrong...blatantly. Does anyone know if they will try to settle, or should I sue, even though I didn't break any bones. Anyone who has been in a similar situation, please help me! I need advice badly!!!What is the name of your state (only U.S. law)?

Ask your friends what they think you should sue FOR.

I mean..what reason.

What are your damages?

You can assuredly tell your friends and family that you haven't won the lawsuit lottery

 

[tranquility]

It would depend on the facts. How long was the water there? How did the water get there? What is the "entryway" exactly? Was the water/ice obvious?

But, since your damages are so low, I suspect that they will offer you a settlement if they feel you would have a chance in court. They might give you one anyway, just to get rid of the problem. But, the amount will be less than you could get in court and you will have to calculate your risk/reward as to if you will sue.

 

[racer72]

McDonald's has no obligation to place warning signs for adverse weather conditions, it is up to you to take the necessary precautions. They may offer a token settlement but you will not get much.

 

[tranquility]

Since a landowner's duty to invitees is to make safe known dangers, perhaps through warning, if the entryway is inside the building and was caused by people tracking it in rather than by God, they would have a duty to inspect reasonably and clean it up or warn people if it is not patent.