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  1. #1
    Join Date
    Jun 2011
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    11

    Angry Falling on a Wet Floor in a Restaurant

    My question involves an injury that occurred in the state of: Washington

    My mother fell last saturday night in Popeyes chicken when she went to the bathroom. The bathroom had a corridor to each gender's bathroom, and that corridor was soaked from either a busted pipe or someone leaving the sink going, I was never able to find out which. My mother walked in, and basically hit the ground immediately, and I ran over because she was yelling, and I found on her on the floor, soaked in water, unable to get up. I shouted down the workers (who came out to stare, but otherwise do nothing) and eventually opened the door to the kitchen to demand help. I really couldn't believe my mom couldn't get up, as she's in pretty good shape, but it turned out her ankle was swelling and extremely sore. Eventually a worker helped pick her up, and the manager came over and they sat her in a chair. It was a little scary because she's a diabetic who'd taken insulin, and needed to eat right away, and instead was barely able to move.

    They called EMS, who noted my mom's swelling ankle, but curiously, didn't notice the blood in her eye, but the felt that she'd be in pain for a while, but that there was no need to go to the hospital. We sat there and ate, and no one came by to see about anything, and no one asked her to fill out an accident report, and we didn't know to ask for one. My mother was very nervous because she was starting a new job the next day, and she didn't want to go to a hospital, preferring to take naproxen for what was sure to be some sore muscles. A worker helped my mom into the car as we left, but otherwise they didn't so much as offer her a freaking apple pie... much less any type of info for medical issues.

    Three days later she fell again at work, the sore ankle gave out, but she had a bit of a breakdown, crying over her fall, and her job made her see a counselor (I have never seen my mother cry, and I'm 34.. so this had to be bad). She is still in pain, and it the naproxen isn't working, and she's sore all over. She is currently at the V.A Hospital, and they have given her a walker. I am thinking she'll need some physical therapy, but I don't know what to do about the restaurant's role in all of this. I don't like the idea of randomly selecting a lawyer from the Yellow pages, but really I have no idea what to do on my own, not that I can't learn. What is our first step? Without any sort of accident report, they're not going to contact us.

    The problem I have is that the workers were grossly negligent with the water on the floor because it had been running for so long it had entered that corridor to the bathroom, so I could only imagine how wet the actual bathroom was, and that means no one went in there to check it for hours. This wasn't just a splash of water on the floor, My mom's whole right side was soaked. I really can't believe the 10-15 workers there didn't notice anything at all.

    What can we do? Must we get a lawyer or should I call the restaurant directly or what? It sucks because she's a pretty active high-energy woman, and now she's on a freaking walker and in pain all the time. I personally am pushing her to sue because I think that pain and suffering sucks, and the way the people handled it, or didn't handle her fall is insulting, but she just wants to get better... which means we still need someone to pay the medical bills.

    Ideas?

    ty

  2. #2
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Mother Fell in Restaurant Bathroom (Floor Soaked)

    Was there water running? Hard to say how long the water had been there or whether the place was on notice that there was an issue. I'd like to think that your mom would notice a bunch of water all over the place and walk accordingly (most places don't have tile that becomes like ice when wet).

    It was your mom's choice not to seek medical assistance, even if it wasn't an emergency, and it sounds like she didn't even wrap "the sore ankle."

    "She is currently at the V.A Hospital, and they have given her a walker. I am thinking she'll need some physical therapy..."

    So far, in your entire post, you haven't even indicated what's wrong with her ankle.

    It's up to your mom to decide to talk with a personal injury attorney, but you haven't established that there's a case to pursue.

    Your mom is free to contact that store and ask to talk with a manager about filing an accident report.

    "... so I could only imagine how wet the actual bathroom was, and that means no one went in there to check it for hours."

    You're engaging in speculation here, given your post doesn't mention that you saw X source of running water.

    "I really can't believe the 10-15 workers there didn't notice anything at all."

    The same argument can be made for your mom though, and obvious hazards come with the obligation of care vs. unseen ones.

    "Must we get a lawyer or should I call the restaurant directly or what?"

    There is no "we" here, but your mom isn't obligated to get an attorney. Again, she's free to contact the restaurant directly.

    Sounds like for the moment your mom indeed should focus on getting better (it isn't as though what you have in mind will change that). If she doesn't have insurance and only gets care through the VA, she may want to pursue private medical care and reimbursement for that. (The problem is proving what the restaurant is responsible for given she may have ignored a very obviously wet floor and didn't take care, then decided not to look into the "sore ankle", and also can't know what other injury may have been caused when she fell again because of that.)

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Mother Fell in Restaurant Bathroom (Floor Soaked)

    It appears moms claim is a workmans comp claim and has no tie to the restaurant. The restaurant did not create the water spill you mention. As always, consult an attorney, when an issue like this occurs.

  4. #4
    Join Date
    Jun 2011
    Posts
    11

    Default Re: Mother Fell in Restaurant Bathroom (Floor Soaked)

    Quote Quoting Foster_Foster
    View Post
    Was there water running? Hard to say how long the water had been there or whether the place was on notice that there was an issue. I'd like to think that your mom would notice a bunch of water all over the place and walk accordingly (most places don't have tile that becomes like ice when wet).

    It was your mom's choice not to seek medical assistance, even if it wasn't an emergency, and it sounds like she didn't even wrap "the sore ankle."

    "She is currently at the V.A Hospital, and they have given her a walker. I am thinking she'll need some physical therapy..."

    So far, in your entire post, you haven't even indicated what's wrong with her ankle.

    It's up to your mom to decide to talk with a personal injury attorney, but you haven't established that there's a case to pursue.

    Your mom is free to contact that store and ask to talk with a manager about filing an accident report.

    "... so I could only imagine how wet the actual bathroom was, and that means no one went in there to check it for hours."

    You're engaging in speculation here, given your post doesn't mention that you saw X source of running water.

    "I really can't believe the 10-15 workers there didn't notice anything at all."

    The same argument can be made for your mom though, and obvious hazards come with the obligation of care vs. unseen ones.

    "Must we get a lawyer or should I call the restaurant directly or what?"

    There is no "we" here, but your mom isn't obligated to get an attorney. Again, she's free to contact the restaurant directly.

    Sounds like for the moment your mom indeed should focus on getting better (it isn't as though what you have in mind will change that). If she doesn't have insurance and only gets care through the VA, she may want to pursue private medical care and reimbursement for that. (The problem is proving what the restaurant is responsible for given she may have ignored a very obviously wet floor and didn't take care, then decided not to look into the "sore ankle", and also can't know what other injury may have been caused when she fell again because of that.)
    I would say you're not listening, but since it's written down... She never made it into the bathroom, and neither did I. She fell in the corridor of the place, you walk in that door, and then there is a tiny hallway where you can enter the male or female bathroom. The water was in that corridor, so it wasn't the first place you'd look if you're going in, I mean, who expects water OUTSIDE the bathroom door?

    I often wonder when people respond in an antagonistic manner, like, why respond at all? It was a somewhat dark corridor, outside the bathroom, and I don't think anyone would expect there to be so much water the entire area was covered, and thus rather hard to see. Her ankle is sore, and swollen, and her hip and shoulder hurt, so she's having trouble walking. I can't give you more than that, because that's what she says. I don't know why you would feel the need to point out that it was her choice not to seek medical attention after the EMS looked at her, because.. well, DUH. I mean, obvious and condescending... ok.

    I said "We" IRT an attorney because there's no way she'd let me stay out of speaking to a lawyer, she'd tell me that I know she doesn't know what to say, and that I have to help her, so yeah, we. Sorry the we bothered you.

    it's so tough to ask for help online, because you think when people respond they're going to help, but usually they take the opportunity to mock and or chastise you about something, instead of just treating people like they would want to be treated. Yes, thanks for suggesting that she use this time to focus on getting better, her original plan did involve putting out oil rig fires in the gulf.

    Putting the sore ankle in parentheses as though it's untrue really bothers me.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Mother Fell in Restaurant Bathroom (Floor Soaked)

    so, what is wrong with her ankle? What is the prognosis?

    Even the medics stated they saw no real need to seek immediate treatment. It would appear she has sought no treatment at all. That suggests there really isn't much wrong with her ankle and Popeye's will likely respond accordingly. No serious injury generally means you aren't going to get much, if any, money out of them, lawyer or not.


    I am thinking she'll need some physical therapy
    are you a doctor? is there some reason she would need PT, or any treatment for that matter?

    While there is a good possibility Popeye's has culpability in this issue, the fact is; there is little to nothing to recover since her injury appears to be minimal.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Mother Fell in Restaurant Bathroom (Floor Soaked)

    Quote Quoting SaveTheKids
    View Post
    I would say you're not listening, but since it's written down... She never made it into the bathroom, and neither did I.
    I expect that the confusion comes from the fact that you titled this thread, "Mother Fell in Restaurant Bathroom (Floor Soaked)".

  7. #7
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Mother Fell in Restaurant Bathroom (Floor Soaked)

    I am going to say this...

    I tripped on a crack in the sidewalk of an McD's entrance. Sprained the entire left side of my body in trying not to fall. $260 Urgent Care bill.

    As I found out, my state has an "Open and Obvious" law. Since the crack was visible, I should have been more vigilant (I still wonder who looks at the ground as they cross a parking lot, etc, but...).

    Long story short...McD's refused to pay. And because of the "Open and Obvious" law....I can not even file a claim in Small Claims Court, and no lawyer will touch the case (unless it would win them 6 figures).

    If the floor was soaked, and neither made it into the bathroom...you have no way of confirming a sink left on, etc.

    And "but otherwise they didn't so much as offer her a freaking apple pie... " They called EMS...who apparently determined there was no need for an ankle brace (which she could have also bought at any WalGreens, Rite Aid, etc). And the restaurant is under no obligation to offer a free slice of pie.

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