NTR: Slip and Fall at Cheesecake Factory WWYD?

wordtoyourmother · December 2010

My mom fell at the Cheesecake Factory last night. She was with a large group. There was a puddle of grease on the floor and she slipped. The manager came by to make sure she was alright and apologized for the greasy floor. She complained about pain in her hand and that she'd like to leave.

The manager gave her his number and she went home.

Today, she called me from the ER. Her swollen hand in the AM prompted her to go in. The doctors there told her she fractured her wrist in several places and she might need hand surgery. She has a temp cast and was told to see a hand specialist tomorrow for further evaluation.

Question is, should she lawyer up? Call the manager?

I think she should have asked for an incident report to be written up!

katiekate1974 · December 2010

No need to lawyer up. At least not yet. Notify the manager and the hospital. The hospital will (should) send the bills right to the company. If not, you might need to lawyer up, but give them the chance to do the right thing first. I hope your Mom is OK!

ETA: their insurance policy will include at least $5k of medical expense coverage, which the carrier will pay without the need to prove fault. With a companynlike that, it's likely more like $15k, though. Which is why I say no need to lawyer up unless they're giving you the run around.

dragonsmercy · December 2010

katiekate1974:
No need to lawyer up. At least not yet. Notify the manager and the hospital. The hospital will (should) send the bills right to the company. If not, you might need to lawyer up, but give them the chance to do the right thing first. I hope your Mom is OK!
ETA: their insurance policy will include at least $5k of medical expense coverage, which the carrier will pay without the need to prove fault. With a companynlike that, it's likely more like $15k, though. Which is why I say no need to lawyer up unless they're giving you the run around.

I agree with this. If they don't agree to pay the medical bills, then get her to contact a lawyer, and also get witness reports from the people who went with her. That way it's not just her word against the manager's.

wordtoyourmother · December 2010

dragonsmercy:
katiekate1974:
No need to lawyer up. At least not yet. Notify the manager and the hospital. The hospital will (should) send the bills right to the company. If not, you might need to lawyer up, but give them the chance to do the right thing first. I hope your Mom is OK!
ETA: their insurance policy will include at least $5k of medical expense coverage, which the carrier will pay without the need to prove fault. With a companynlike that, it's likely more like $15k, though. Which is why I say no need to lawyer up unless they're giving you the run around.
I agree with this. If they don't agree to pay the medical bills, then get her to contact a lawyer, and also get witness reports from the people who went with her. That way it's not just her word against the manager's.

thanks ladies! Katie, my mom is ok. She just has to have someone drive her to work now.

This is great info. I really appreciate it.

Sweets2005 · December 2010

Sorry about your mom's hand, I hope it feels better soon and that they give her (and her family!) a lifetime supply of free cheesecake

weelass24 · December 2010

Lawyer up for a fractured wrist? That's a bit extreme don't you think?

amandopolis · December 2010

From what you wrote, your mom could be entitled to more than just having her medical bills covered. I know no one likes people who are sue happy, BUT, coming from someone who used to work in personal injury law, it sounds like she could be entitled to pain and suffering damages (especially if she needs surgery). I'm not saying one way or another whether she SHOULD get a lawyer or file a claim, but a lawyer might be able to give her information about what she is entitled to.

amandopolis · December 2010

weelass24:
Lawyer up for a fractured wrist? That's a bit extreme don't you think?

People lawyer up for a lot less. A fractured wrist requiring surgery is a pretty serious injury.

weelass24 · December 2010

amandopolis:

weelass24:
Lawyer up for a fractured wrist? That's a bit extreme don't you think?

People lawyer up for a lot less. A fractured wrist requiring surgery is a pretty serious injury.

Not the point and in no way makes it the right thing to do. If they cover the bills, why lawyer up for an accident? People who sue "because they can" piss me off no end.

amandopolis · December 2010

weelass24:
amandopolis:

weelass24:
Lawyer up for a fractured wrist? That's a bit extreme don't you think?
People lawyer up for a lot less. A fractured wrist requiring surgery is a pretty serious injury.
Not the point and in no way makes it the right thing to do. If they cover the bills, why lawyer up for an accident? People who sue "because they can" piss me off no end.

Eh, I'm not trying to start an argument. You can look at it as people suing "because they can," or you can look at it like this: the Cheesecake Factory was negligent when they left grease on the floor. If they'd cleaned up after themselves and made their restaurant safe for their guests, WTYM's mom wouldn't have a broken hand and have to have surgery, and all the crap that goes with an injury.

I mean, people are legally entitled to be compensated for their pain and suffering when another party is responsible for causing an injury. I don't understand why people have this idea that it's only ok to sue under certain circumstances. Personally, I think it's fine to go after what you're entitled to by law. I don't see anything wrong with it.

Edited for clarity

Sweets2005 · December 2010

weelass24:
amandopolis:

weelass24:
Lawyer up for a fractured wrist? That's a bit extreme don't you think?

People lawyer up for a lot less. A fractured wrist requiring surgery is a pretty serious injury.

Not the point and in no way makes it the right thing to do. If they cover the bills, why lawyer up for an accident? People who sue "because they can" piss me off no end.

Gees, calm down. I don't think she was looking for a bonanza. She doesn't know yet if they will pay her medical bills so she wondered if she should so ahead contact a lawyer just in case. Perfectly legitimate question. I wonder what YOU would do in this situation??

mfransdell · December 2010

weelass24:
amandopolis:

weelass24:
Lawyer up for a fractured wrist? That's a bit extreme don't you think?

People lawyer up for a lot less. A fractured wrist requiring surgery is a pretty serious injury.

Not the point and in no way makes it the right thing to do. If they cover the bills, why lawyer up for an accident? People who sue "because they can" piss me off no end.

So, if personal injury resulting a trip the ER and who knows what kind of follow up care isnt something to sue over what is? People should absolutely go through whatever system is set up, in this case the company insurance. But in general trying to recover what you've lost due to an accident that was not your fault? Not so crazy.

WTDM, It's usually policy to enter an incident report and give a copy to the customer. I wonder why that didnt happen. I'd give the resturant and the manager a call asap. Hope she feels better!

cranberry27 · December 2010

weelass24:
amandopolis:

weelass24:
Lawyer up for a fractured wrist? That's a bit extreme don't you think?
People lawyer up for a lot less. A fractured wrist requiring surgery is a pretty serious injury.
Not the point and in no way makes it the right thing to do. If they cover the bills, why lawyer up for an accident? People who sue "because they can" piss me off no end.

That is not why you get a lawyer. A lawyer does not equal suing. That attitude infuriates me to no end. A lawyer is there to make sure that when CF gives you a document that's written in their favor, you have somebody there who knows the difference.

To get CF to pay, she will likely be asked to sign a document that could limit her ability to get further compensation in the future. Meaning that if her wrist continues to have problems and she needs surgery, or if she has any other issues later, she would be SOL.

Lawyer husband is willing to be that CF won't even talk to her until she signs something. This is NOT suing. This is having somebody review documents to make sure you are not getting screwed, and that all the correct provisions are there. Sure, you can read it yourself. And you might be able to identify things you don't like. But you don't know what SHOULD be in there, or what certain language means.

Another way to look at it is that CF will not do a thing without consulting their attorney, and they deal with this situation way more often than you do. Why should you go to the negotiation at a disadvantage?

heidismith · December 2010

mfransdell:
weelass24:
amandopolis:

weelass24:
Lawyer up for a fractured wrist? That's a bit extreme don't you think?

People lawyer up for a lot less. A fractured wrist requiring surgery is a pretty serious injury.

Not the point and in no way makes it the right thing to do. If they cover the bills, why lawyer up for an accident? People who sue "because they can" piss me off no end.

So, if personal injury resulting a trip the ER and who knows what kind of follow up care isnt something to sue over what is? People should absolutely go through whatever system is set up, in this case the company insurance. But in general trying to recover what you've lost due to an accident that was not your fault? Not so crazy.

WTDM, It's usually policy to enter an incident report and give a copy to the customer. I wonder why that didnt happen. I'd give the resturant and the manager a call asap. Hope she feels better!

I couldnt agree more!

MrsB0701 · December 2010

Eh, I'm not trying to start an argument. You can look at it as people suing "because they can," or you can look at it like this: the Cheesecake Factory was negligent when they left grease on the floor. If they'd cleaned up after themselves and made their restaurant safe for their guests, WTYM's mom wouldn't have a broken hand and have to have surgery, and all the crap that goes with an injury.

I mean, people are legally entitled to be compensated for their pain and suffering when another party is responsible for causing an injury. I don't understand why people have this idea that it's only ok to sue under certain circumstances. Personally, I think it's fine to go after what you're entitled to by law. I don't see anything wrong with it.

Edited for clarity

Agreed! I'm a PI paralegal...if surgery is needed, she'll also be able to pursue for loss wages as well. This could potentially be a very long healing process for her. I think that she should be entitled to additional compensation. It is very important to look into your state law's to find out what your statute of limitations period is.

mfransdell · December 2010

Cranberry has an excellent point. Once Mom has agreed and signed thats it. If 2,6,10 months down the line the doctors find something else wrong with her hand that was related to the accident she's obligated to pay those bills.

Sassy_Cassie · December 2010

Just wanted to throw in that if your mother has medicare the hospital is required to bill their premise insurance first. CF has to issue a denial before medicare will pick up anything. Even if she had fallen at someone's house they would have to bill their homeowners insurance first. Medicare patient injuries outside of the home can get messy. :

janjag · December 2010

I'm not a legal expert. My gut says to write (or have someone help her) everything down exactly as it happened ASAP, while it's still fresh in her mind. So if it takes a few days to decide on contacting an attorney she will have a reference.

jackie.couturier · December 2010

Another attorney chiming in with a "contact a lawyer" vote. CF will want her to sign something even if it comes along with payment of some sort. It will be confusing, difficult to read, and certainly written in their favor. They will make sure to protect themselves and your mother should do the same. Who knows what issues might come up later and they will do everything they can to limit their liability.

katiekate1974 · December 2010

jackie.couturier:
Another attorney chiming in with a "contact a lawyer" vote. CF will want her to sign something even if it comes along with payment of some sort. It will be confusing, difficult to read, and certainly written in their favor. They will make sure to protect themselves and your mother should do the same. Who knows what issues might come up later and they will do everything they can to limit their liability.

OP, you mother's health insurance company will for sure contact her to find out where the accident took place and they will for sure fight CCF for every dime of reimbursement to them--no way they're paying for someone else's negligence. She shouldn't have to sign anything or even be involved with CCF herself; her insurance company WILL handle it, I promise that. I advised calling the manager so he has a heads up that he'll be contacted. Now, if your mother wants to pursue additional damages for pain and suffering, she absolutely needs to contact an attorney. But if she just wants her medical bills covered, she does not (probably) have to.

wordtoyourmother · December 2010

Well, this post turned into a healthy debate :-)

Weelass, my family has never been in this situation before. We're definitely not the kind of folks that go around suing for a bruised wrist and punitive damages. Not sure why this is the only thing you took away from reading my post.

My mom's wrist is fractured pretty bad. After researching a bit, looks like she will have to prove that it was due to the restaurant's negligence why she fell. In her case, the grease on the floor. Situations like these should be documented from beginning to end. That's why I thought it would have been great if she at least walked away with an incident report from the restaurant. I'm glad she fell at the Cheesecake Factory and not the local rib shack KWIM? I'm confident the Cheesecake Factory won't weasel their way out of paying her medical bills.

My mom is pretty young (48) so she doesn't have medicare. She works full time in accounting. She hasn't seen a hand specialist yet but because she is currently in a cast, she will now have to depend on family and friends driving her to work for 6 to 8 weeks.

If surgery is needed (ER doc said more than likely this will be the case), she will not be able to work for a couple of days, begin physical therapy, and limit her time on the computer when she does get back to work. She's already practicing using her left hand because it's the end of the year and if you know anything about accounting - she's already in a pressure cooker to meet end of year deadlines.

See how this can get very messy? That was my only reason for bringing up a lawyer. 'Lawyering' up doesn't always mean taking a company like Cheesecake Factory to the cleaners. We just want to make sure she receives good counsel in the process should the manager tell her "you didn't fall here, wth are you talking about?" or sign a piece of paper she doesn't understand.

Thanks ladies, this was all very good information. They gave her vicodin, so she'll be feeling good for tonight ;-)

MarriedBestFriends · December 2010

While I recommend having legal representation to be sure that CF doesn't screw your mother out of future benefits that may/may not be needed as PP said, unfortunately it's going to be a fine line based on the severity of the injury and the potential amount of compensation whether you will be able to find someone who will even take-on the case. PI firms works on a contingency and they will prioritize based on caseload/size/potential worth as they are a for-profit business just like anyone else. Best of luck and I'm so sorry she is in pain.

ETA: And to the posters who are up in arms re: "lawyering up" for this type of injury, please remember that large corporate chain restaurants will certainly have attorneys representing them through this in some way or another (even if they are hidden in the background). Unfortunately that's just the way it is and it's more of a reason for OP's mother to protect herself.

sarcole530 · December 2010

I'd contact the manager before contacting a lawyer.

That's so strange that the manager didn't write an incident report. The place that I work ALWAYS fills out incident reports when something like that happens..

Hope your mom is okay!

Shldrfx12 · March 2014

I fell at the Cheesecake Factory and shattered my shoulder. Maybe they just use something slippery on their floors? Or material is slippery???

hollygb22 · April 2014

hollygb22 · April 2014

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MaggieF516 · April 2014

One thing to keep in mind that is an attorney would take 33% of any settlement that she receives from the insurance company (I work for an insurance company and dealt with injury claims for years). She wouldbe entitled to medical bills, lost wages and pain and suffering if she chose to pursue these things. The insurance company will make her a settlement offer for all three when she was done treating and ready to settle her claim. There is really no reason so can't make an attempt to work directly with the insurance company to come to a a settlement agreement for these things. If she is unhappy with the result or offer, then she can get an atty at that time. I hate to see people get attorneys for matters that could simply be resolved directly with the insurance company and then they lose a large portion of what they would have received to the atty. Yes, some matters are complicated and an atty is needed, but this is not always the case. As long as she doesn't sign any settlement agreement or release, she is able to get an atty at any time.

MaggieF516 · April 2014

MaggieF516 said:

One thing to keep in mind that is an attorney would take 33% of any settlement that she receives from the insurance company (I work for an insurance company and dealt with injury claims for years). She wouldbe entitled to medical bills, lost wages and pain and suffering if she chose to pursue these things. The insurance company will make her a settlement offer for all three when she was done treating and ready to settle her claim. There is really no reason so can't make an attempt to work directly with the insurance company to come to a a settlement agreement for these things. If she is unhappy with the result or offer, then she can get an atty at that time. I hate to see people get attorneys for matters that could simply be resolved directly with the insurance company and then they lose a large portion of what they would have received to the atty. Yes, some matters are complicated and an atty is needed, but this is not always the case. As long as she doesn't sign any settlement agreement or release, she is able to get an atty at any time.

I should add that she can get an atty at any time as long as the statute of limitations hasn't tolled, which is usually at least a few years, in which you could no longer bring forth a claim. She will also get payment for the medical bills, lost wages and pain and suffering when the claim settles after she is done treating and ready to settle and not on an ongoing basis. This is the case whether or not she gets an atty and I think many people do not understand this about the process.

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NTR: Slip and Fall at Cheesecake Factory WWYD?

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