I had the top of an ice machine fall on me at a fast food restaurant.
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I had the top of an ice machine fall on me at a fast food restaurant.
I went to a fast food restaurant for lunch last week, and the top of the self
serve ice machine fell onto my head. It was heavy, and hurt me. I have a witness
who tried to get the manager’s attention, but no luck. I went to the counter once
I was steady on my feet, and spoke to the manager, and she had me fill out an
incident report. Afterward I went to the er, and was diagnosed with a concussion.
that was on Wednesday 3-15-17. The hospital wants the money for the visit. They
have tried to contact the company, and so have I but they have yet to answer my
calls. One more thing, The manager said the one of the employees overfilled the
ice machine, and didn’t latch the lid. That’s why it fell on me. What do I do
now?
Asked on March 20, 2017 under Personal Injury, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You should file your personal injury claim with the insurance carrier for the fast food restaurant.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and if applicable, documentation of wage loss.
Your personal injury claim filed with the restaurant's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the restaurant's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the restaurant.
If the case is NOT settled, your lawsuit for negligence against the restaurant must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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