If Ifell over a trip hazard at a fast food restaurant and received many bruises and a scraped elbow, what am i entitled to?

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If Ifell over a trip hazard at a fast food restaurant and received many bruises and a scraped elbow, what am i entitled to?

Nothing broken but lots of pain and embarrassment. They are offering me $200.

Asked on July 29, 2011 Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

$200.00 is generous from what you write; you may wish to seriously consider taking the money and running.

There are two components to receiving compensation for a slip/trip and fall case. The first is fault: did the restaurant do something wrong, such as by not cleaning up a spill, having debris blocking an aisle or path, etc.

The second is injury. The legal system only provides compensation for serious injuries--e.g. those causing at least temporily disabilty or disfigurement, or significant pain (more than typical bruising)--and for out-of-pocket losses, like medical costs or lost wages. If you did not have medical costs, did not lose wages, and suffered nothing worse than some bruising, then you probably would receive nothing in a lawsuit--or could at best possibly win a few hundred dollars, like you're being offered, but have to spend more than that to receive the money. Embarassment for tripping is not something you can receive compensation for.


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