logo

Debtconsolidationcare.com - the USA consumer forum

Some advice please

Date: Thu, 06/14/2007 - 12:49

Submitted by anonymous
on Thu, 06/14/2007 - 12:49

Posts: 202330 Credits: [Donate]

Total Replies: 7


On the 27th of April I fell in a parking lot of a restaurant. It was bad - I ended up spraining both ankles and my right knee. The payvment was uneaven and I just caught the wrong spot. I informed the manager (he is Mexican - I don't know if he didn't understand me or not) and he laughed about it. I am now getting a ton of medical bills for the ER, the x-rays, ets that my insurance does not cover all of. I am also still seeing my doctor (I lost three weeks of work for this). I get that I was clumsy and this was an accident but should I just eat the bills or ask the company that owns the lot to help? I am not sue happy - it's just now that the bills are coming in I am freaking out - I can't pay all of them. Any advice would be great.... I can't ask my family - they all said I should sue and I just can't get my mind wrapped around that....


I am sorry that you fell and sustained injury but all parking lots are uneven by default. If a parking lot was designed to be perfectly flat it would hold water and would create a hazardous area. Also all parking lots have either curb or stop blocks if they are serving commercial areas. The point is I suspect you were in a parking lot that just about like every other parking lot and they all have obstacles that could be tripped over. Unless there was some blatant error in the parking lot design like a 6 foot hole in the middle with no warning that obviously did not belong there and someone could fall in then I see no reason why the restaurant should be at fault.


lrhall41

Submitted by DOLLARSandSINCE on Thu, 06/14/2007 - 13:18

( Posts: 1078 | Credits: )


Humm.... but anytime someone gets hurt on YOUR property it is ur responsibility! That's why we all carry insurance! Right? It would only be the restaurants insurance that pays not them personally!
My own personal homeowners insurance paid a claim on an accident that happened in my yard years ago!
Might be worth a try!
Ang


lrhall41

Submitted by Ang on Thu, 06/14/2007 - 13:51

( Posts: 2306 | Credits: )


I'm with Ang. Everytime I've heard of someone being hurt at a business, they've always spoken with an attorney about it. I think the only question would be whether the parking lot would be considered to be on the grounds of the restaurant or not. Put it this way, if it happened in the building, it would be a no-brainer, right?


lrhall41

Submitted by kscornell on Fri, 06/15/2007 - 05:03

( Posts: 4407 | Credits: )


Again it really stinks when somebody gets hurt. I just never agreed with the suing mentality that seems to be the norm now in the US. For example the famous case were the woman sued McDonalds for spilling hot coffee on herself was ridiculous in my opinion. Also I have read about a lot of scams where people will fake injuries like falls on business property and sue for settlements. If you want to make a claim against their insurance I would try to do it through the owner of the restaurant and the parking lot and cut the manager out of the discussion. I would also try to do that first before I got lawyers involved. If they refuse to cooperate then you might want to consider a lawyer to try to convince them to make a claim but if the case actually makes it to a trial it would be a toss up I think simply because what I stated in my first post unless there is some blatant error with the lot.

Also I don????????t agree with Ang 100% on if someone gets hurt on your property it makes it your fault. For example, if someone is jogging down the sidewalk and trips in front of my house leading to injury does that make it my fault? The sidewalk is considered part of my property even though it does fall within right of way. It would be different though if they were in my house and fell down my stairs. I would agree that this scenario would probably result in my insurance picking up the bill.


lrhall41

Submitted by DOLLARSandSINCE on Fri, 06/15/2007 - 08:38

( Posts: 1078 | Credits: )


DOLLARandSENSE where Iam from if someone falls on your sidewalk out in front of your house you would be responsible for there fall if the report it too you then it would fall on your homeowners insurance. Three weeks ago I fell at my parents house and fracture a bone at the end of my tailbone and they would b responsible if I turned it in too there homeowners.Any fall on someone else property is there responsiblity thats why people paid hundreds of dollars a year for the insurance.LadyDarya I would try to speak to the owner of the restrauant and if that would get you know where them I would contact a attorney.Iam not crazy bout suing people either but the bills have to get paid or they will just get turned over and be against your credit and thats not right either.If it's reported as a fall most private insurances won't pay it.You can get them for bills,pain and suffering,lose of work etc.


lrhall41

Submitted by lostlady468inpa on Fri, 06/15/2007 - 08:50

( Posts: 45 | Credits: )


I agree with Dollars and Since . . . . If there isn't some sort of negligence on the resturants part, it isn't fair to sue them because you were clumsy. I understand that legally speaking they may be responsible, but come on! They didn't push you! Things are out of conrol nowdays, everyone is looking for someone else to take responsibility for their own actions. Yeah, it sucks. Yeah, bills have to be paid. But the restuarant didn't make you come eat there. All the decisions that got you to this point were your own. The restuarant didn't do anything but feed you. By the way, were you drinking at dinner? That could be an issue if you were.

Yes, people pay hundreds of dollars a year for insurance. And once some person that fell on your property makes a claim, that amount goes up. Is that fair? You were clumsy, you fell, now not only will the restaurant have to pay your medical bills, but they will also have to pay more in insurance. Because you tripped.

I'm not meaning to sound rude or anything, it just really frustrates me that just because you can sue, people say you should. If you find out that the restuarant was negligent, then hell yes, sue them! But if it was just a normal parking lot, and you just had an accident, then I can't understand how you think the restuarant should be responsible for your bills. From the sound of your original post, you seem reluctant to sue, which to me says that you agree that the restuarant isn't responsible for the accident. I commend you for that kind of thinking. Personal responsibility is becoming lost nowdays, everyone has to have someone to blame for their problems.

By the way, most hosipitals will work with you. If you call up the billing deptartment and explain what happened, and how you can't afford to pay the bill all at once, they will work with you to set up affordable payment arrangements. I know when I had to have my appendix out unexpectedly, after insurance I still owed $3500. They let me pay only $50 a month.


lrhall41

Submitted by goudah2424 on Fri, 06/15/2007 - 09:08

( Posts: 7935 | Credits: )