Slip and fall in theatre

[jelliebean]

What is the name of your state? florida

2 years ago i had a slip and fall in a movie theatre. the lights were off (it was dark), we were trying to get to our seats and there was a puddle of butter on the floor (from popcorn). I slipped and hit my head on the chair - banging my ear and hurting my head.
My ex-husband called for some help and they carried me out of the theatre. they gave my ice to put on my head and asked if i wanted an ambulance. For a while i was just in pain. My ex-husband said that he would drive me to hospital instead. At first they refused to give me an incident case number but we insisted since i didn't have insurance at that time. They also gave me 2 free movie tickets and 2 tickets for a free coke and popcorn next time i went.

Anyhow, i went to the emergency room, had a scan of my head and apart from bruising my had looked ok. my ear was ringing so i went to see a dr about that but it went away so haven't gone back.

I got in touch with an attorney regarding this and at first they were happy to take on the case. Anyhow we came to the conclusion that i didnt want any extra money - i just wanted all the bills and fees to be paid. Since then the attorney has done nothing. All they say is that the insurance company for the movie theatre said they do not cover this type of accident. Apart from that nothing else has been done.

What can i do? I have told the attorney that obviously since its not a big money case for them they are no longer interested and they agreed. How can i get my bills paid by this company?
Thank you

[JETX]

Originally Posted by jelliebean

How can i get my bills paid by this company?

If they are refusing to pay your bills after 2 years, I doubt that they will just magically agree now.
Your only recourse would be a lawsuit. If your bills are less than your state small claims limit ($5k), you might consider bringing your suit there.
The problem you will have is..... showing that the theatre was aware, or should have been aware, of the spilled butter 'hazard' and failed to take appropriate action. Did anyone report the spill BEFORE your accident??
Otherwise, the claim could be made that you:
- knowingly entered a dark theatre (after the lights were dimmed) and
- since it is a theatre, should have known of potential spillage, and
- failed to take appropriate caution.

[jelliebean]

Ok i understand that but surely their insurance company should pay my medical bills resulting from this? I don't want any extra money just what i am out. Which is to the tune of $3,000. Surely by telling me they would call an ambulance they are accepting responsibilty?

[I AM ALWAYS LIABLE]

Originally Posted by jelliebean

Ok i understand that but surely their insurance company should pay my medical bills resulting from this? I don't want any extra money just what i am out. Which is to the tune of $3,000. Surely by telling me they would call an ambulance they are accepting responsibilty?

My response:

Wrong again. All because they offered you an ambulance doesn't mean they have liability. They did that because you said you were injured, and no one from the theater was going to take you in their own car.

The other reason why the attorney lost interest is because of your insistence that all you wanted was your medical bills paid. If that's the case, how was your attorney supposed to be paid for his work?

JetX was absolutely correct. You can't prove "Notice", and if you can't prove "Notice", then a premises owner has no liability to you - - and for the other reasons JetX stated.

IAAL