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08-15-2006, 05:14 AM #1
do you think i could sue Mcdonalds for this?
Now dont get me wrong, im not the type of person that wants to sue anybody for anything but im just wondering if i would have grounds to sue if i decided to. Yesterday morning my son and i went to Mcdonalds for breakfast before i dropped him off at daycare. I took him in the bathroom to wash his hands and he walked out in front of me. Not 3 feet out the bathroom door he slips down and falls pretty hard with his right leg twisted back behind him. He cries and carries on for a little while and then we eat and i take him to daycare. I checked him out and i knew it wasnt broken and he seemed fine BTW.I didnt get home until late last night from work but sometime in the night he woke up crying saying his leg hurt. We have been up since 5 in the morning rocking him and trying to get some rest.Well as of this morning he wont even let you near it and will not even attempt to stand on it. My wife is taking off work today to take him to the hospital to get it checked out. I didnt make a big scene when it happened but there was no signs up or anyway of knowing the floor was wet when he fell and they were having a meeting in the back where it happened so there were about 5 or 6 employees that witnessed it. Again, im not the kind of person to sue anybody but it really eats me up that my 2 yr old is hurting and i had no way of knowing the floor was wet. My poor son has a time anyway considering he was born premature and still has to take breathing treatments and such. Just thought id post that and see what you guys think.
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08-15-2006, 05:31 AM #2
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My only issue was that you didn't (maybe you did) contacted the manager right away explaining the floor was wet/slick and your son fell. If so then you obviously have a open and shut case to have them compensate you for at least medical and some pain and suffering. Without knowing they can easily say it may have happened at a play ground etc... I would contact an attorney if his injuries are anything more then very very minor and at least see what your options are. Good luck and hopefully the little guy is just sore.
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08-15-2006, 05:31 AM #3
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My life is a- Ben Stiller movie.
I think you have a good case, the only thing is...the floor's dry now. so they could be like "sorry dude, your kid prolly fell at daycare."
Not trying to be a dick, i totally feel for the little guy, but I'm sure they've got enough 4-name firms that would scare you out of trying.
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08-15-2006, 05:33 AM #4
Damn man, sorry to hear this. My son broke his leg when he was 1, now he's 2 1/2. It's really tough seeing them hurt, especially when you can't really communicate with them very well at that age. I would look into legal action for sure if there are any medical bills incurred. Hope everything is alright.
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08-15-2006, 05:38 AM #5
yeah thanks guys. my wife just called and they are almost at the hospital so no news yet but again im not planning on suing but it does kinda piss me off. just to clarify again, there were 6 employees that saw it happen but i didnt contact the manager b/c i thought he was ok. either way we'll see what the doctor says and ill post later today.
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08-15-2006, 06:47 AM #6
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Ok, so the floor was wet. Why was the floor wet?
Did they just mop? Was it done by the employees (i.e. they were cleaning the floor)? Was it raining? Was any of this the type of situation where there should've been a "Wet Floor" sign?
Or was it just that someone dripped water on the floor when they left the bathroom and, just like you did on your way in to the bathroom, that nobody else including the employees happened to notice this one spot of water?
If its the second case, then forget about suing. Shit happens and it doesn't need to be someones fault. Why not sue the guy who used the bathroom first and spilled the water? You have medical insurance so you don't need to be "compensated" for it. You don't need compensation for "suffering". He's a kid...he's going to get hurt...it builds character.
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08-15-2006, 06:51 AM #7
Its probably alittle late now, If you walked out without talking to someone it may be your word vs. theirs..
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08-15-2006, 07:07 AM #8
Yep you should have alerted them. BTW my sister in-law was at walmart and slipped on a wet floor while pregnant and a manage saw the whole thing. it took them 2 years to have walmart pay for her broken leg and medical bills and they would not go a penny over.
They can really drown you and your lawyer in paper work just thin of how many people before you have tried to sue over something like this. Just leave it be if you have insurance and im sorry to hear about your son.
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08-15-2006, 07:08 AM #9
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My life is a- Ben Stiller movie.
well, if you say you have witnesses, i guess i'd suggest going to the place, pulling a manager and some witnesses aside and tell them to document your case as this may turn legal.
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08-15-2006, 07:15 AM #10
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08-15-2006, 07:43 AM #11
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08-15-2006, 08:26 AM #12
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Do you think the accident would of been prevented if they had placed up a 'Caution - Wet floor' sign? Seriously?
Accidents happen -
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08-15-2006, 08:59 AM #13
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08-15-2006, 09:44 AM #14
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08-15-2006, 09:51 AM #15
i wouldve picked him up and carried him or held his hand so he wouldnt fall. either way im not even gonna call them, guess i just needed to vent is all. my wife called and he is walking on it a little now with a slight limp but still havent heard from the doc on the x rays. if he was seriously injured or something really bad i would have most definitely went further with it but i dont feel like its worth going any further. thanks for the replies
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08-15-2006, 10:43 AM #16
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Since they were moping......then I'd consider it depending on the severity of the injury.
If its just something like a sprain, where he'll be fine in a day or so, then just forget about it.
If its surgery/hospital stay etc, then you'd have something that may warrant you pursing action....
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08-15-2006, 11:10 AM #17
wife just called and the x ray results came back fine. nothing broken or pulled so thats even better !
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08-15-2006, 11:19 AM #18
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08-15-2006, 05:44 PM #19
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call an accident lawyer. they will have you come in and talk to them for free and let you know if you have a case or not. if they say you have a case, and they are a good lawyer, then likely you will win.
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08-15-2006, 07:22 PM #20
the kid is fine so there is no point in pursuing it any further. It seems like everyone is just itching to sue someone else these days, thats why every type of insurance is so high.
no harm no foul..... McDonalds employees generally have little to no skill in the workforce so to expect them to look out for other people is a mistake... you have to look out for yourself.
sometimes a lawsuit is necessary to recover damages for injuries suffered, but the kid is fine and he has probably forgotten about it already
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