Personal Injury Law (Accidents/Slip & Fall)/Trudy Bennett


QUESTION: my sister fell in restaurant, and broke nose and bone under eye.She was in hospital over night and then had to go back for surgery on bone under eye.Can she get paid for pain and suffering, and Also her hospital bills.

ANSWER: Raymond:  What do you think determines whether she is entitled to any damages (compensation) or not???  It is the question of whether the restaurant was negligent in any way that caused her to fall.  If she just tripped over her own shoe laces, if she was intoxicated, if she was talking with someone while walking and wasn't paying attention and that is why she fell, then the restaurant did nothing wrong, did they?  Therefore she would not be entitled to compensation.

On the other hand, if they had recently mopped or waxed the floor and left the floor dangerously slippery or, some food was spilled on the floor, restaurant KNEW OR SHOULD HAVE KNOWN about it and didn't clean it up and this is why she fell, and you can prove all of this, then the restaurant would be legally responsible.

So you can see can't you Ray that I can't answer the question without knowing why the hell she fell and you didn't bother to say anything about it.  Seeeesh.  But I can say this: considering the seriousness of the accident, the damages would be high enough to interest a lawyer in taking the case, presuming a case could be made that the restaurant did something wrong that caused the accident.

I presume this accident didn't happen a long time ago.  There is a time limit to bring action for compensation.  I presume also that the restuarant knows all about the accident having happened, right?  So, my advice is simple and clear:  She needs to contact a local PERSONAL INJURY attorney asap.  IT WILL NOT COST ANYTHING.  If she has a case, the lawyer will take it for a percentage of the recovery.  That's it.  She will not get anything without legal representation because the only way to get them (the insurance company) to pay up is to have a lawyer and the threat of an expensive lawsuit.  Otherwise, their view (insurance company for the restuarant) is "so what, it was her own fault".  Get it?  Clear what to do?  Now go do it.  Good luck.

---------- FOLLOW-UP ----------

QUESTION: there was a step up when you go to the rest rooms . No light No sign and No hand rail. my sister is 75 years old

Case therefore depends on what local building codes require or how dangerous the area was due to darkness, lack of railing.  An elderly woman falling happens all the time and it is nobody's fault.  But I think it is definitely worthwhile to contact a local PI attorney.

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Glenn A. Dorfman


Thirty-two years experience in personal injury, medical malpractice, medical product liability law and class actions. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Actively involved and fully experienced in litigation regarding recalled hip implants as well as the Mirena IUD.


Hundreds of satisfied clients in previous litigation

California State Bar Association in good standing since 1976. Federal District Court

Jurisx Doctor degree 1976

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