Ins company is using disablity against me in my Ins claim when I fell in Mc'Donalds

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Veteran Member

Date Joined Apr 2008
Total Posts : 605
   Posted 5/27/2010 3:15 AM (GMT -6)   
Grrrrrrrr I am so mad that the guy who owns the Mc'Ds where I fell last week is trying to have thier  Ins's say that  I had to have fallen on thier slippery foor because I am disabled.  What a bunch of so much bull!!! I fell because the floor was mopped and there was no where else to walk.  They say they are not liable because the wet signs were out, but there where like 5 signs because the guy who was so old he farted dust had mopped a huge area and I couldnt get my food at the counter without going on the wet floor.  Besides the floor said "caution-wet floor" it did not say I could not walk on it,they even were watching a tape of me falling and said"we clearly see that sign so if you walked there we arent liable" and besides we see here that you are disabled so you would be likely to fall".  I told the lady that I would be contacting my attorney and that she can deal with him.  How dare they try and bring up my being disabled! so I guess anywho else that would have walked where the signs were would not be able to sue them either? because of some stupid other thing they came up with? sheesh I am just disgusted.  Thats a new low.
Mom of one gramma to 4 lover to One
Fibromyalgia,IBS,Stroke x3,endometriosis,Diabetes type 2,neuropathic pain,high blood pressure,severe nausea,atrophy,chronic pain,over 30 surgeries,torn hip joint,hypoglycymic

Regular Member

Date Joined Mar 2010
Total Posts : 186
   Posted 5/27/2010 9:52 AM (GMT -6)   
I may be wrong- but I thought the "wet floor signs" were their saving grace?  I didn't think you could sue if they had the signs in place.  At any rate- they shouldn't be allowed to hold disability against you- thats just wrong.  Sorry you are going thru this- what a mess.
I am a 29 yo female, Dx with UC in 97, hospital stays monthly, tons of blood transfusion, bowel rest on TPN, prednisone, asacol, sulfa, imuran, VSP
99- multiple failed remicade treatments, more hospital stays
finally in 2001 had enough and had total colectomy (j-pouch) surgery, 1st step was good, then the reversal was not such a breeze, got peritinitis which was awful!!
the rest of 2001-2006 were amazing!
now having problems again- they are thinking Crohns.- have been on Humira with no luck

Regular Member

Date Joined Mar 2010
Total Posts : 39
   Posted 5/27/2010 11:38 AM (GMT -6)   
You're between the rock and the hard place and I'm afraid this time the rock will land on you. While you feel the reason they're denying your claim is because you being disabled (and perhaps they are), the fact that these signs were out there showing there was a wet floor is more than enough to legally cover McDonald's from any injury claim. Worker's Comp might help you get healed up a bit better since you still got injured at work, but I'm afraid that no lawyer is going to try to battle against a company with more legal punch and bankroll than this giant of fast food chains. It's probably best to just pick up the pieces and just move forward.

Today I'm sad that you got hurt, but there are times when we're in the wrong place at the wrong time. This time is was you who got hurt in the end. Now please try and not let it eat a whole out of your gut, because I don't think an ulcer will make you feel any better. Please take care, Bob.
After an accident in  1997 crushed the nerves in my pelvis, halfway down the calf and at the fibular head (knee), my left leg slowly started to turn color from the foot up, along with swelling and temp change.  Within 2 weeks I was diagnosed with RSD.  By 1999 I landed in a wheelchair and started a life taking narcotics all the time. In 2004 I got an Intrathecal morphine pump &5 years ago the RSD spread to my right leg and has done around 80% of the damage it did to my left leg in half the time. 1 1/2 years ago I went septic, and the infection did go body-wide.  After 2 days in the hospital I then had a clot in my lungs.  Both should have killed me, but this time I got lucky.  Meanwhile I've been battling blood clots for the last 4 years.  A year ago my left leg was ampuated above the knee after ging septic.  Guess that about say's it all.  Bob.

White Beard
Forum Moderator

Date Joined Feb 2009
Total Posts : 3601
   Posted 5/27/2010 2:49 PM (GMT -6)   

I think I would talk to an attorney, I do not believe that a sign saying "caution wet floor" absolves them from liability, If they did not want you to walk on the floor then they should have had it blocked off! Or their sign should have clearly stated that if you walk on the wet floor it is strictly at your own risk! Talk to a lawyer! Your disability has nothing to do with it, as they have disabled parking and thus must expect to serve the diabled.!

Good Luck to You!

White Beard

Forum Moderator

Date Joined Feb 2003
Total Posts : 13360
   Posted 5/27/2010 3:00 PM (GMT -6)   
Karen I feel for you. I have to say they are going to be covered because they did have the warning sign ups up. If they had not had them up, then they would be negligent. Slip & fall cases are very difficult at best. I could cite cases all day for you in this scenario from working in the legal field but this is not the place for that. They threw the disability issue at you mainly as an insult, that really has nothing to do with the fall itself. Claims adjusters can be so crass. Take care.

crohns disease dx 2002 & small bowel resection, still looking for remission whatever that is, chronic pain 22 yrs, added ulcerative colitis 6-05 to the mix, high blood pressure 28 yrs, aortic heart valve insuffiency, depression, osteoarthritis, osteoporosis lumbar spine, scoliosis lumbar spine, peripheral neuropathy hands & feet, COPD & on oxygen therapy, lupus & psoriasis and psoratic arthritis. Several other health issues just not enough room to list it all. Too many surgeries to list and too many medications to list. Currently on 17 different daily medications. Intrathecal pain pump implanted June 05.

Veteran Member

Date Joined Nov 2007
Total Posts : 6795
   Posted 5/27/2010 3:07 PM (GMT -6)   
I'm glad straydog posted because she's got the legal background here (although I know she's not giving legal advice!), but I know how difficult slip and fall injuries are to prove because of my own experience. The fall that started all my CP issues, leading to back surgery, etc., happened outside a brand new building, on a sidewalk that wasn't quite even so my toe caught on it and I went flying. And there were no warning signs or anything, and people KNEW about it but never had it fixed until after my fall, but I lost my worker's comp case (it was the building I was working part time in) because my employer didn't "own" the building, and couldn't find a decent lawyer to take my case (and I tried, including going to cities 3 hrs away) because it would be too difficult to figure out which of the five organizations was technically "responsible". So the attorney who took the case was lousy and never followed through. I'm only saying this to show that like straydog says, these cases are difficult, and McDonald's had their sign and I'm sure has their legal ducks in order that unless you had some hugely clear cut case no lawyer will want to touch it.

I know it's not what you want to hear, but I agree with Bob that maybe it's best to try to let it go and not cause you more stress over something that's going to go nowhere. You have enough on your plate and don't need to spend your energy where it won't be useful. However, I do think venting your anger and other feelings here is very productive so you don't keep these feelings buried inside.



Veteran Member

Date Joined Apr 2008
Total Posts : 1522
   Posted 5/27/2010 7:08 PM (GMT -6)   
Talk to a lawyer. Most offer free consultations and won't take your case unless they think they can get something for it. At least you'll find out what rights you have even if you decide to do nothing else.

Good luck.

Veteran Member

Date Joined Nov 2008
Total Posts : 2854
   Posted 5/27/2010 7:13 PM (GMT -6)   

Hi sorry about your fall.  I have a friend still in debate with her attorney about a fall in a casino.  There was water leaking from a toilet in the restroom...she slipped and broke her hip and elbow.  The casino administrator took pictures of the bruises and lumps...unfortunately the real pain did not set in until the next day and my friend, who is a nurse practitioner, went to work!  Anyway, they used this against her saying that her waiting to get treatment(less than a day later) made the condition worse and furthermore discovered she had a previous break in her elbow 15 years ago from a fall roller blading.  Apparently, this is a reason to not pay for damages...a previous injury in the same arm.  And...even though there were no signs warning about the water, the casino was not sited as being negligent as it seems this toilet had never leaked before and was fixed immediately.  It has cost her a fortune so far...nerve blocks etc.

It seem unfair doesn't it...that someone gets a million dollars for spilling hot coffee in her lap(at McDonalds) and someone falls on a wet floor and nothing but an insult to your disability!



fibro, menieres disease, RLS, anxiety disorder, disc compression, scoliosis, spinal stenosis TMJ  Meds: valium Advil

Veteran Member

Date Joined Jul 2009
Total Posts : 2042
   Posted 5/28/2010 1:34 AM (GMT 0)   
By all means speak to your attorney, but I wouldn't get your hopes up for having much of a case. The only reason places invest in those wet floor signs is to protect themselves from liability. There might be mitigating circumstances on a case by case basis and only an attorney can advise you if your case would fall into that.
2 confirmed herniated lumbar discs. Spinal Arthritis. Spinal Stenosis, diabetic peripheral nueropathy.

Tony McGuire
Regular Member

Date Joined Feb 2009
Total Posts : 483
   Posted 5/27/2010 9:36 PM (GMT -6)   
I think the issue is being missed. They are claiming 'no claim' but the real claim [escapes me], but it deals with the same thing as saying the watermelon made her sick because she was black. You just can't do that in this day and age.

(Discrimination, etc)

Veteran Member

Date Joined Jul 2008
Total Posts : 2268
   Posted 5/27/2010 9:56 PM (GMT -6)   
I'm not sure what injuries you incurred from falling. If a doctor can show that you were badly injured as a result of the fall (regardless of what you had going on before), I would say to talk with an attorney. Yes, the signs do work in their favor but crazier cases have been won (my favorite is the woman who tried to balance a cup of hot McD's coffee between her legs while driving, spilled it & got severe blistering burns between her legs -- she sued & won. No, there wasn't a label on the coffee cup back then, but honestly common sense dictates that coffee is hot & balancing anything between your legs while driving is not a good plan).

If the attorney you consult with says the case is a no go, then unfortunately you are probably out of luck. But I think it's at least worth a phone call to someone. And in the meantime stop talking to anyone at McD's. And document absolutely everything.

But realize that if you are going to sue them that they will throw even worse things at you than insulting you for being disabled & unable to comply with their stupid little signs. They will dig up stupid irrelevant facts & will try to pretend like they matter. The judge will know better, but that doesn't mean they won't say things they know will get thrown out just to try to get you upset.

wishing you well,

Post Edited (Frances_2008) : 5/29/2010 10:22:25 AM (GMT-6)

Veteran Member

Date Joined Sep 2009
Total Posts : 663
   Posted 5/28/2010 8:01 AM (GMT -6)   
I just thought I would throw my 2 cents in. When my now 19yr old son was 2 he slipped and fell on a wet floor at McD's in Colorado. It was in the bathroom, no wet floor signs at all. He hit his head on a urinal and split his wig (it required 10 stiches, 4 underneath because it was so deep). We were treated horribly by the manager on duty, he gave me the filthy towell from the shake machine to put on my son's head! Anyway, long story short we got the medical bills paid for and my son got a Happy meal! That's it. I spoke with a few attorneys who all said be happy with that. We could not sue for pain and suffering (even though they had to wrap my son up like a burrito in order to put in the stiches, while he screamed and cried) because you cannot gauge the pain and suffering a 2yr old has! Unbelievable! And because the cut was right in his eyebrow (I didn't mention that yet) they said the scar wouldn't be noticeable unless the hair folicles die. Which they did now 17yrs later and you can see the scar, but what can we do now? It seems unfair but unfortunatly it's hard to fight the "big guys"! I wish you all the best and I hope the pain gets better for you. Take Care!
Gentle Hugs,
Fibromyalgia, Chronic daily headaches, Migraine disorder (with and without aura), GERD, High blood pressure, Depression and Anxiety
Oxycontin, Flexeril as needed, Lopressor, Lexapro, Omeprazole, Clonazepam as needed, Promethazine as needed for nausea from migraines

Forum Moderator

Date Joined Feb 2003
Total Posts : 13360
   Posted 5/28/2010 11:16 AM (GMT -6)   
Just want to mention some places do have on their insurance policy what is called "Med-Pay coverage". What this is for is medical treatment rendered , you pay out of pocket and the insurance reimburses you after copies of bills have been submitted. This is not an admission of liability at all, simply a small amount of coverage for medical care. Most of these policies have $1,000 cap and that is all. Not a penny more. I have this as well on my homeowners policy, someone gets injurd on my property they can use up to $1,000 for medical care.

crohns disease dx 2002 & small bowel resection, still looking for remission whatever that is, chronic pain 22 yrs, added ulcerative colitis 6-05 to the mix, high blood pressure 28 yrs, aortic heart valve insuffiency, depression, osteoarthritis, osteoporosis lumbar spine, scoliosis lumbar spine, peripheral neuropathy hands & feet, COPD & on oxygen therapy, lupus & psoriasis and psoratic arthritis. Several other health issues just not enough room to list it all. Too many surgeries to list and too many medications to list. Currently on 17 different daily medications. Intrathecal pain pump implanted June 05.

Veteran Member

Date Joined Apr 2010
Total Posts : 2261
   Posted 5/29/2010 11:50 PM (GMT -6)   
I'm so sorry that they won't do what's right concerning your fall.  (((((((((((((((hugs)))))))))))))  I don't really understand how they could watch the tape of you falling and then insult you they way they did.  Boy, some people just don't care.  It's crazy how people are treated these days.  I'm sorry for venting myself.  It just makes me mad when people treat my friends wrong.  I hope your pain lessens and you have a low pain night.
love and hugs
Dx:  ddd, spinal stenosis, bone spurs, hypothyroidism, typeII diabetes, asthma, allergies, high blood pressure, polycystic ovary syndrome, PTSD, depression, anxiety

Veteran Member

Date Joined Aug 2006
Total Posts : 9607
   Posted 5/30/2010 9:56 PM (GMT -6)   
Karen, I was thinking maybe you could take this to small claims court and aask for 50% of your medical bills to be paid, my reasoning is that if the girl at
the counter was motioning for you to come pick up your order and she knew the floor was just moped then maybe you could find McDonalds
at 50% fault for not bringing your food to you when they knew the floor had been moped..that's just how I see this, but you might need a witness
that would say this person motioned for you to come get your food...
Anyways I wish you luck and sure wish you could get something...
this was just an idea...
Hope your feeling better
* Asthma, Allergies, Osteoarthritis, Spinal Stenosis, Degenative Disc (Lower Lumbar S1-L3 and Cervical C5,C6, C8 and T1), Fibromyalgia, Gerd,
Enlarged Pituitary Gland, Sjogren's, Ocular Migraines, mild carpel tunnel, ect.... "Would be nice if we could use the edit button in real life"...


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