they told me while we were waiting for the ambulance they would contact me to pay the bill- but the next day their office called and they wanted to know if i planned to sue- i said, "they offered to pay the bill, so no" then they told me they don't have insurance to cover it and my insurance would have to cover all his medical bills etc.
i have since wrote a letter to the owner of that restaurant and he did not even have the decency to reply to my NICE letter! they didn't call to check on him or anything! he was only 6 (last year)!
should i sue them and if so how do i do it?
2007-04-23 16:24:25 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
well- yes i would like to sue them just for being so rude about it all and unconcerned- they could have at least contacted me to check on him or something!
as for contacting a lawyer- which one? what kind is what i really mean!
and as for them being negligent- see that is the thing- they have an unlevel floor in the back where the children play- there is a yellow streak painted on the floor (no signs) just where the floor is unlevel at-now on one hand, i suppose this is supposed to mean that the floor is unlevel- but on the other hand- how is my SIX year old supposed to know that?
2007-04-23 16:33:45 · update #1
and valley-r- you have a point about walking down the street- etc, however, if your child was to come to my house and fall down my steps, my homeowner's ins would have to cover it even if i didn't push your child down the steps, right? (and i am not being sarcastic by any means) i just felt that as a large corporation, they should have some kind of ins to cover accidents on their property, right? how can they be so large and not be required to have it?
2007-04-23 16:39:01 · update #2
Yes. They are a self-righteous bunch and should never have been so rude. Get a personal injury lawyer who works on a percentage of the amount recovered. He will know how to sue their asses off.
btw those lawyers are not fettered by whether your son had any blame in the accident. So don't worry about those details - they can present the case in the best light and encourage a settlement.
2007-04-23 16:28:38 · answer #1 · answered by Rich Z 7 · 0⤊ 3⤋
First you would have to PROVE that the restaurant was negligent in order for them to be responsible. Since you offer no info about this I can only assume they are not.
By negligent, I mean that you would have to prove for example that the rest. poured grease on the floor; neglected to clean it up for an extended period of time, and directly routed your child to walk through it casing him to fall and break his arm.
This is what your medical coverage is for. If your son broke his arm playing on the playground at school who would pay for it? How about walking down the street in your city?
What I'm trying to say is that it is highly unlikely that the restaurant was negligent and caused your son to break his arm. This was an accident on your son's part; not the restaurant. I think you would be waisting your time, efforts and money by trying to sue the Rest.
Frivolous law suits are the single biggest reason that we all pay these outrageous insurance premiums in the first place.
P.S. So the floor is unlevel and marked to alert someone ... there are times where the floor will be unlevel. We have a responsibility to watch where we are walking ... Should your 6 yr old know this? No .. your right - that's his parents responsiblilty.
I'm sorry -- I know I am not telling you what you want to hear .. but a law suit in this case would result in only the pymt of the medical bills (which your insurance will pay anyway) .. it will take you a lot of time, effort, and frustration and it's simply not worth it. This is not a case where you are going to collect millions and it's going to cost you more frustration than it's worth.
P.S.S. ... They have insurance -- worry not .. HOWEVER, their insurace is for loss of life or a serious accident ..they probably carry a $50k deductable or something of the like. Why ... because they are not generally responsible up to that point ... Due to the uneven floor, they probably should pay your son's medical bills. But they are not required to under law. It would be a good will jesture on their part. I would send them another letter and explain that you are seeking reimburesment for the medical bills.... They may not pay them because that would be admitting fault ... again ..this whole matter will get into a much bigger mess than you or they want. I would just let your insurance pay for it.
NO, I fell on my own on your front pourch, I would be hard pressed to prove that you are negligent and responsible for my medical bills.
2007-04-23 23:28:28 · answer #2 · answered by ValleyR 7 · 1⤊ 1⤋
No you shouldn't sue.
Chik Filet is a large corporation and chain. The local restaurant you went to is owned by a local businessman and staffed by local people just like you.
They are all trying to make a living. You were given some incorrect information when told they would contact you to pay the bill.
I assume your son broke his arm on the playground equipment. Whenever in an establishment like that which includes such equipment the customer enters those areas at their own risk. Assuming the restaurant is not liable for faulty or unsafe equipment, then they have no negligence and owe you nothing.
As for not contacting you to see how your son is, that's standard. If they were to contact you, then you or your lawyer could constitute that action as implied responsibility on their part. That's why they didn't contact you.
If you have insurance then mend your child and learn from the experience. If you don't have insurance, then mend your child and learn from THAT experience.
Good luck.
.
2007-04-23 23:32:04 · answer #3 · answered by non_apologetic_american 4 · 0⤊ 0⤋
Have you contacted your insurance company? A few years ago I was injured in a similar situation and my insurance company payed for everything and then went after the store's insurance company for repayment.
My suggestion would be to call your insurance company and ask. Next, contact a reputable personal injury attorney in your area. They should offer you a free initial visit. Chick-Fil-Et is a franchise and the individual store should have in their franchise contract that they will always carry insurance for just such a reason as yours... you should be able to either sue the store your son was injured at or the corporate entity itself.
2007-04-24 11:01:04 · answer #4 · answered by Sophie 3 · 0⤊ 0⤋
I'm sorry your son was injured. I hope he is fully recovered. Do you have, or does your state offer, medical coverage for your 6-7 year old? We do live in a litigious society, but was the restaurant negligent in some way? Suing large corporations following an accident simply for financial gain is unethical.
2007-04-23 23:42:15 · answer #5 · answered by Alicia 2 · 0⤊ 0⤋
Contact a Personal Injury Lawyer.
2007-04-24 00:35:47 · answer #6 · answered by Anonymous · 0⤊ 1⤋
get a lawyer and ask him if you should sue and how to go about doing that.
2007-04-23 23:27:36 · answer #7 · answered by mighty_power7 7 · 0⤊ 1⤋
probably depends on what happened. How did he break his arm?
2007-04-23 23:28:22 · answer #8 · answered by nutz6ville 3 · 0⤊ 0⤋