Slipped and Fell at a Denny's Restaurant

[call_me_rory]

What is the name of your state? Washington

I was at a Denny's restaurant in Washington back in December of 2007. When I went to go into the bathroom, right before I left, I slipped on the wet floor. The dishwasher had mopped both bathrooms, did not put any wet floor signs up, and went back into the kitchen. After going to the emergency room, I had a concusion, cervical contusion on my neck, and have had neck and back pain since. When the hospital sent the bill to the restaurant owner, she sent it back and my medical insurance was billed (and paid over $3,000). I was responsible for paying my copay of $100, which I refused to pay as it was not my responsibility. After three months of trying to contacting the owner of the restaurant, she finally reported the incident to her insurance company, which has paid the $100 copay bill and has been paying for me to see a chiropractor. I am now done seeing the chiropractor and want to know what a reasonable settlement amount would be. I believe that I'll have to give my medical insurance company the amount that they paid out. All medical bills summed up are roughly $5500 (including hospital, radiology, physician, chiropractor, and massage therapist).What is the name of your state?

[Zigner]

I think that all YOU are entitled to is your actual out-of-pocket expenses...

[call_me_rory]

So even though it took the restaurant owner three (almost four) months to contact her insurance company, during which I could not afford to see another doctor, AND I was almost sent to collections over the hospital bill, you think that I'm only entitled to my out of pocket expenses?

[Zigner]

Originally Posted by call_me_rory

So even though it took the restaurant owner three (almost four) months to contact her insurance company, during which I could not afford to see another doctor, AND I was almost sent to collections over the hospital bill, you think that I'm only entitled to my out of pocket expenses?

Your total out of pocket medical expenses were $100 - you COULD afford to see a doctor. You CHOSE not to.

[call_me_rory]

Just because my out of pocket medical expense was $100 does not mean that I could afford to see a doctor. I COULD NOT afford to pay a $30 copay to see the chiropractor three times a week for three months, or the $25 copay to see a physical therapist once a week. As soon as the insurance company contacted me, I was able to go...but it took them almost four months.

[Zigner]

You are entitled to your out of pocket expenses.
I'm sorry - you did not win the Deep Pocket Lottery but thanks for playing!

[fairisfair]

Originally Posted by call_me_rory

Just because my out of pocket medical expense was $100 does not mean that I could afford to see a doctor. I COULD NOT afford to pay a $30 copay to see the chiropractor three times a week for three months, or the $25 copay to see a physical therapist once a week. As soon as the insurance company contacted me, I was able to go...but it took them almost four months.

you really need to consult with a personal injury attorney.

You may well be entitled to monies other than the medical bills as is appears that the restaurant was clearly negligent in protecting their customers. you had no reasonable expectation that the floors would be wet and that you might slip and fall.

seriously seek the opinion of a local attorney. You should have done so the second you were injured. You can do so, without a fee in most cases, for a consultation.

[Zigner]

Originally Posted by fairisfair

you had no reasonable expectation that the floors would be wet and that you might slip and fall.

Have you ever been in a Denny's bathroom? Or ANY public bathroom, for that matter?


ETA: Of course, as you said, it can't hurt to have a free consultation with a lawyer...just make sure you get the "free" part in writing!

[fairisfair]

Originally Posted by Zigner

Have you ever been in a Denny's bathroom? Or ANY public bathroom, for that matter?


ETA: Of course, as you said, it can't hurt to have a free consultation with a lawyer...just make sure you get the "free" part in writing!

No, I live in a bubble.

What the hell kind of a question is that?

This was not an accidental spill, this was an accident caused by one of their employees.

and yes this poster should seek a consultation with a personal injury attorney.

A real attorney, which apparently you have forgotten you ARE NOT.

[Zigner]

Originally Posted by fairisfair

No, I live in a bubble.

What the hell kind of a question is that?

Bathrooms get wet. You said OP couldn't reasonably expect it to be wet. What the hell kind of STATEMENT was that?

and yes this poster should seek a consultation with a personal injury attorney.

A real attorney, which apparently you have forgotten you ARE NOT.

Please find a post, anywhere, where I came anywhere CLOSE to claiming I was an attorney.

[fairisfair]

Originally Posted by Zigner

Bathrooms get wet. You said OP couldn't reasonably expect it to be wet. What the hell kind of STATEMENT was that?



Please find a post, anywhere, where I came anywhere CLOSE to claiming I was an attorney.

This was not an accidental spill, this was an accident caused by one of their employees.

[fairisfair]

Originally Posted by Zigner

Bathrooms get wet. You said OP couldn't reasonably expect it to be wet. What the hell kind of STATEMENT was that?



Please find a post, anywhere, where I came anywhere CLOSE to claiming I was an attorney.

nor did I say that you claimed to be an attorney as we both know that would be ludicrous.

[Zigner]

Originally Posted by fairisfair

This was not an accidental spill, this was an accident caused by one of their employees.

True - but it doesn't change the fact that one CAN reasonably expect a bathroom floor to get wet.
Our OP has no permanent injuries. ALL of his expenses have been reimbursed.

The OP's insurance company may seek reimbursement for THEIR expenses.

[fairisfair]

Originally Posted by Zigner

True - but it doesn't change the fact that one CAN reasonably expect a bathroom floor to get wet.
Our OP has no permanent injuries. ALL of his expenses have been reimbursed.

The OP's insurance company may seek reimbursement for THEIR expenses.

I expect car accidents to happen as well, that does not make the person that caused them less responsible.

he may also be entitled to and/or awarded pain and suffering as well as reimbursement for any wages he lost due to the incident.

He needs to seek the advice of a personal injury attorney.

period.

[Zigner]

Originally Posted by fairisfair

I expect car accidents to happen as well, that does not make the person that caused them less responsible. he may also be entitled to and/or awarded pain and suffering ...

True - but a "pain and suffering" award isn't automatic either.

...as well as reimbursement for any wages he lost due to the incident.

True, but OP doesn't claim he lost any wages.

He needs to seek the advice of a personal injury attorney.

period.

Agreed.