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

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.

Karen

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

Karen,
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.

Hugs,

PaLady

Hi Karen...so 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!

Donna

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)

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!

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

Loretta