What to do if I own a wine bar and a customer came in during a charity tasting and went to sit down but missed the chair and fell breaking her wrist?

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What to do if I own a wine bar and a customer came in during a charity tasting and went to sit down but missed the chair and fell breaking her wrist?

She had no yet been served. They used there insurance to pay all the bills. He called me today and asked for help paying the co pays of around $300.

Asked on May 29, 2013 under Personal Injury, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It would be advisable to refer the matter to the insurance carrier for your wine bar.

The customer could file a personal injury claim with your insurance carrier even though the medical bills had been paid.  The customer's personal injury claim would include compensation for the medical bills, compensation for pain and suffering, and if applicable, compensation for wage loss.

Compenation for the medical bills is straight reimbursement.  The medical reports will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  If the case is settled with your insurance carrier, NO lawsuit is filed.  If the case is NOT settled with your insurance carrier, the customer could file a lawsuit against your wine bar based on premises liability.  These cases are usually settled without a lawsuit being filed.  If a lawsuit is filed, refer the matter to your insurance carrier, and your insurance carrier will provide you with an attorney at no cost to you, who will handle the case for you.

If the case is NOT settled with your insurance carrier, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or the customer will lose their rights forever in the matter.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I would first report the incident to your presumed insurance carrier and let your claims representative handle the matter from there. Given the relatively significant injury you need to let your insurance carrier handle the matter and not you. After all, this is why you have insurance.


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