Rainy Day Slip and Fall at a Restaurant

by admin on September 8, 2010

Question:

My family, mom, sister, brother, niece nephew and myself had lunch at a local restaurant.  It rained constantly that day and while at the restaurant. On the way out I slipped just as I entered into the foyer of restaurant, leaving out are two set out doors you go through to exit the building. The manager came out (no one else witnessed the fall but us) asked how I was and I said it was okay, more embarrassed then hurt at the time. This happened 3 days ago and am now feeling the pain.  Can I ask the business to provide doctor services due to not having any insurance?

Answer:

Kasiah, you can ask the business to provide you with medical care, but I doubt the business will do it.  I have only run across that type of situation once – when a client slipped and fell at a hospital, the hospital agreed to provide some very limited, initial medical care at their facility. Usually, the business is afraid they will be sued for the incident so they will be very reluctant to give you any assistance.

I am a Florida attorney specializing in car accidents, slip and fall accidents, and other Florida personal injury claims.  The law in Florida is different that other states so the best way to get answers to your questions is to speak with an attorney in your area.

If you do not have insurance, you should contact the restaurant to see if it has “medical payments” insurance coverage.  Medical Payments coverage (medpay) is a portion of a liability policy that will reimburse you for out of pocket medical expenses if you get hurt at a business or property.  Many homeowners have medpay as part of their homeowners insurance.  Medpay is applicable no matter who is responsible for the fall.  So, neither the business or its insurance company loses any negotiating position by offering to pay its medpay.

However, medpay is not mandatory for homeowners or businesses in Florida. Medpay is also an additional coverage meaning not every insurance policy has a medpay provision. You will need to check with the business to see if they have medpay.

Another choice is to speak with an experienced slip and fall attorney in your area.  You may have a claim against the restaurant for your injuries. If the accident injury lawyer agrees to represent you, he/she may be able to arrange for a doctor to treat you.  The doctor’s bill would then be paid out of any settlement proceeds you receive from your claim.


About the Author:
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 17 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.
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