Slip and Fall lawsuit in Olive Gardne....?

My 59 year old mother fell in front of Olive Garden rest. just about when she is entering the door this past saturday. The reason she fell was because of how the design was for the walk way. There were little bumpy rocks sticking out of it. She was walking, tripped on the rocks that were sticking out and fell on her left knee. The manager came out filed the report and called the ambulance for her. He said an Olive Garden insurance agent will contact her the next day and they are willing to pay for her medical bills. After the doctor, she realized she need surgery on her left knee to find out that she have a broken knee cap. (no knee or leg issues before) Now she can not walk or work for at least 2 to 3 months. So I would like Olive Garden to not only pay for her medical bills but for the months that she will be missing work etc.. My other question is If I do decide to put a lawsuit against Olive Garden and lost, will they still pay for the medical bills(now that we might upset them that we file a lawsuit). When in the first place they have no problem paying just for the medical bills

Cubs Girl

I think you need to back off a little because if she feel in front of the restaurant its not their problem, they are just being nice.

That is like someone falling in front of your house and telling you to pay their medical bills.

The insurance agent will pay of any medical bills and probably lost wages if applicable. This is why good people get screwed. People are always looking for more.If for some reason they do not pay any outstanding medical bills then you need to seek a lawyer but until then stay still.

Smilin' Jack

How about if your mother learns to not drag her feet and watch where she's going instead of suing Olive Garden because she tripped over something that thousands & thousands of other people have managed to walk over without difficulty?

kerrberr95

First, I would contact the insurance company for Olive Garden. If they were willing to pay for your mothers medical bills, they may want to work something out without having to go to court. Did you let them know that now your mother has to have knee surgery and will be out of work for some time for recovery?

If they are unwilling to work something out but are still going to pay for your mothers medical bills, contact an attorney to see if there is anything that can be done. Make sure to keep any kind of documentation from their insurance comany that they are paying for any medical bills from the injury. If you have a letter stating so or anything from the hospital that shows that Olive Gardens insurance is paying them may be benefitial. Also, I would get some kind of documentation from your mothers doctor that this injury was caused by the fall at Olive Garden and that she had no past knee injuries or problems and that surgery is needed to fix the knee from the injury. THis may help you in your case.

Judy

Why file a lawsuit? Sounds like they are handling things fairly. Has the insurance agent been in touch with you yet? Make him or her aware of the problems that are found, and the time that will be required off work. They will most likely cover that without a complaint.

If you file a lawsuit, you'll just give away around 1/3 of what she gets to a lawyer, and aren't likely to get a lot more anyway.

golferwhoworks

see an atty as you do have a case since a report was filed.

Peter T

If your mother sues (which is her legal right) Olive Garden will delay everything and wait on the judgment of the court. That could take a long time.
You would need to spend the money to show that there were damages beyond what they offered to pay for.
If you go to court and lose Olive Garden might give your mother a few bucks in the interest of public image but probably not much more than that.
They have offered to pay her current costs, you should be polite and discuss the additional hidden costs and ask them to consider including those also.

If you were on a jury and this case came up - what would you think of the person asking for more money after Olive Garden offered to pay for ambulance and medical bills?
Has you mother ever been to that Olive Garden before? Did she enter through the restaurant by the same door? Did she know what the entrance to the restaurant was like ? A doctor will testify that knee problems are common for people of her age. Does she have a pre-existing condition such as the beginnings of osteoporosis?

Going to court is a real gamble - you should sue and cut their heart out when they refuse to do anything, but you should be polite and discuss with them when they are trying to behave as they should. Going to court to ask for more is a definite gamble.

kapn

If you go to court it will be a long process......2 years or so........try to make a deal with Olive Garden........

My Mom fell after a waitress bumped into her......broke her hip easy to prove neglet......got 73K and 38K went to the attorney...........took 2 years.......cut a deal........

Heather V

If you sue olive garden and lose (and there is a really good Chance you will lose) they will not pay your medical bills. Your mom is 59 not exactly old but if they could prove she was dragging her feet, had a bad leg to begin with, etc it would show the fault lied with her and not them. Just because she fell does not mean they did anything wrong. Think hard about this, if they are willing to pay the medical bills I would take it, a lawsuit is a long shot and once you lose those medical bills are all yours.

Thor

I hope you already have pictures of the "negligent" rocks you say were there.

If they are gone already you would have a hard time ever proving they caused her to trip.

Olive Garden is responsible only it they were negligent in some way. If somebody trips over their own feet then the store is not at fault.

Get the pictures.

sarah

This is exactly what's wrong with America today. She's 59... she's getting old... old people fall... get over it, it's not Olive Garden's fault. This could have happened anywhere. Why do people always have to blame someone else when something goes wrong?

bobbi

i slipped and fell on ice at a restruant bruised my butt bone and pulled some muscles in my lower back how do i get them to pay doctor bills time off work ect they havent contacted me yea even to see if im ok

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