If a concrete chair fell on my foot outside a fast food place and 2 of my toes were broken, what can I do to get the store to cover my medical bills?

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If a concrete chair fell on my foot outside a fast food place and 2 of my toes were broken, what can I do to get the store to cover my medical bills?

Asked on March 4, 2013 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The store would only be  liable if they were at fault. They would typically only be at fault in a situation like this if 1) an employee of the store knocked the chair over onto you; 2) the chair was defectively designed or was an unsafe model to use in this position (that is, a reasonable person would conclude that you should not use a chair like that here); or 3) the chair was damaged, making it unsteady, and the store either knew or should have known of the damage, but knowing of it, did not take action. If there was nothing wrong with the chair, however, and no store employee knocked it over onto you, they would not be responsible for your bills--a fast food place is not responsible for all injuries that occur on its premises, but rather only those where it was at fault. Similarly, if the reason the chair fell was your fault or the fault of someone not connected to the restaurant (e.g. someone was horsing around on it; someone sat on the arm of the chair, typing it over), the restaurant would not be liable.


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