If I slipped and fell at a restaurant and broke my ankle in 2 places, is the restaurant liable?

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If I slipped and fell at a restaurant and broke my ankle in 2 places, is the restaurant liable?

At a work related event at a hotel restaurant I slipped and fell, breaking my ankle in 2 places. Had to have surgery to put in screws and rods. The floor was dark black large tile which was slippery anyway. The hotel insurer is trying to send an investigator to my house to get a statement. Should I be talking to them? Do I have a personal injury case against them? What should I do?

Asked on June 11, 2011 under Personal Injury, New York

Answers:

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

Answered 10 years ago | Contributor

The restaurant is liable for your injuries from the slip and fall.  It is routine for the insurance company to take your recorded statement.  Providing your statement to the insurance company is appropriate.

You asked if you have a personal injury case against the restaurant.  You could either pursue this as a personal injury case or you could file a workers' compensation claim with your company's HR department since you slipped and fell at a "work-related event".  Workers' compensation is an alternative to litigating the case.

If you decide to proceed with a personal injury claim instead of workers' compensation, you should obtain the medical reports and medical bills when you complete your medical treatment and are released by the doctor or are determined by the doctor to be permanent and stationary which means that no further improvement is anticipated.  The medical reports will document the nature and extent of your injuries and will be used to determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to your medical bills.  Compensation for the medical bills and any wage loss is straight reimbursement.  The personal injury claim you file with the insurance carrier for the restaurant should include the medical bills, medical reports, and documentation of any wage loss.

If you are dissatisfied with settlement offers from the insurance carrier, you can reject the settlement offers and file a lawsuit for negligence against the hotel/restaurant.  If the case has not been settled, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.  If the case has been settled, no lawsuit is filed.

 

 


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