Teenager falls at restaurant

[Ladydelmd]

Maryland. I have a patient that after leaving my dental office went to get a bite to eat with her Mom. The went across the street to a local chain restaurant. The place is dimmley lit and the booths are raised a few inches so you have to step up to get in them. After lunch they went to leave and the teenage girl was talking and didn't remember that the raised plateform was there, she fell and hit her head. She has had a headache since this happened . She is seeing a doctor for treatment. The manager on duty laughted when the Mother call to let them know that her daughter was still having problems. They are not looking to sue or anything like that. They just wanted the medical and lost wages for the girl (age 18)The manager turned it over to their insurance company which says they will pay the medical but not the lost wages. What are her rights? the Owner states that the insurance company would cover everything but they will not. At what point is the restaurant not responsible? and what can my patient do? Does anyone know the law on this matter?

 

[cbg]

Why should the restaurant be responsible because the girl wasn't paying attention and "forgot" that the platform was there?

If she's getting her medical bills paid, that sounds to me, based on your post, that the restaurant is doing more than they need to.

What can she do? She can be grateful that the restaurant is doing as much as they are, given her carelessness, and start paying attention to what she's doing.

 

[Ladydelmd]

Agree to a point

Yes, I agree that paying attention is a major thing but if you could see how the set up is its not like you step up and then slide in. The table and booth seats are right at the edge. We are talking about a 5 to 6 inch drop, I've been there a few times myself and have seen people slip off platform or have to step down from a sitting position. The lighting even during the day is very dark and it's hard to even read the menu. If it weren't a teenager but a 80 year or man or woman would your reply read different? A weeks wages for a teenager who isn't a scholar.. just works as a vet tech.. a little good will goes a long way.

 

[cbg]

No, my reply would not be any different. The restaurant is not liable for carelessness on the part of their patrons, regardless of their age. I cannot think of any circumstances under which the restaurant would be considered legally liable for lost wages because any patron, regardless of age, who was aware of platform (which she clearly was) "forgot" that it was there and slipped.

Now, if the restaurant wants to provide a further good will gesture (over and above the one they've already made), that's up to them. But I seriously doubt that the law will find them responsible for the lost wages of a teenager who couldn't stop talking long enough to pay attention to what she was doing.

 

[ecmst12]

The main reason they are not going to pay for lost wages is because headaches are a vague, non-specific, and completely subjective (non-proveable) symptom which do NOT cause disability or make someone totally unable to work.

If she had a concussion, there is no treatment, the only thing that will make it better is time.

 

[Magdela]

The main reason they are not going to pay for lost wages is because headaches are a vague, non-specific, and completely subjective (non-proveable) symptom which do NOT cause disability or make someone totally unable to work.

If she had a concussion, there is no treatment, the only thing that will make it better is time.

Well perhaps there is medical treatment that we might not be aware of that addresses the headaches in a more specific manner and who knows it might well be a concussion. Why should that be ruled out? From what the OP described there might have been more than just a simple headache that made the injured miss work. Without reviewing the medical evaluation and record it's hard to determine the merit of her claim.

My other question is whether the height adjustment to the booth is code. I would suggest the family call code enforcement and make sure that it is not violating any standard code. Also is the teenager fell it might be easy to assume that anyone not familiar with the adjusted height to the booths might also fall unless there is a sign indicating that they should watch their step.

 

[Zigner]

Also is the teenager fell it might be easy to assume that anyone not familiar with the adjusted height to the booths might also fall unless there is a sign indicating that they should watch their step.

Do you even READ the posts first?

The 18 year old already stepped UP, then "forgot" about the step (because she was too involved in her conversation)

 

[ats2009]

headaches can be so bad that some people need darkness and quite.

find a good accident lawyer and ask their advise.

if they feel you have any merit they will let you know

 

[wyett717]

headaches can be so bad that some people need darkness and quite.

find a good accident lawyer and ask their advise.

if they feel you have any merit they will let you know

Of course, this is crap.

 

[eerelations]

OP, why are you involved in this? And how did you manage to get through dental school without basis spelling skills?

 

[Wanda June]

OP, why are you involved in this? And how did you manage to get through dental school without basis spelling skills?

Okay, I've been wondering and wondering and now I just have to know. Exactly what is a basis spelling skill?

 

[goddessoflubboc]

We also don't know what she had done at the dentists. I always get gassed, and despite the spike of oxygen at the end I'm still a little loopy and need a ride home. And who gets to eat right after the dentist? LOL

Finally, has the girl been to the restaurant before? Was the height of this booth the same as the rest? Was it darker when they left then when they arrived? Why patronize a restaurant that doesn't want you to see the food clearly?