I was entering a local restaurant right entrance door as a patron was exiting from the left door. My foot got caught under the left door that she had opened. The door had a metal weather strip visibly protruding from and separating from the door. There was a large gap between the bottom of the door and the sidewalk, with the metal strip extending down past the door edge. My foot got lodged underneath the door and the metal piece penetrated, punctured, and lacerated my big toe. I had to have emergency treatment immediately. I can now not bend the first joint of my toe. They offered to pay medical expenses up to $1000, but as of now, they have exceeded that. They sent me a check for medical supplies i needed such as bandaides,etc. Is this not an admission of guilt already on their behalf?
Definitely contact an experienced personal injury attorney to evaluate whether you have a strong chance of recovery. The owner has a duty to exercise reasonable care to keep its premises and approaches safe. If this was an "unsafe" condition that the restaurant either knew or, in the exercise of reasonable care, should have known about, you likely have a case. The devil is in the details and without photographs, it is hard to tell. Another important issue is whether there were any previous similar incidents. If the "unsafe" condition is something that would not likely be discovered exercising "reasonable care", the case will be much more difficult to prove and win.
The answer to your last question is that the $1,000 they offered is under medical payments coverage which is not fault based. The fact you were injured on their property gives rise to that payment.
The much more difficult question is whether the landlord or tenant were negligent in allowing the condition you described. The answer to this will require litigation most likely and probably expert witnesses to discuss possible code violations.
My firm has handled similar premises liability cases and I will be glad to speak with you in more detail.
NO. Payment of the "medical payments" provision of an insurance policy is designed to compensate for medical bills and is paid without demonstration or acknowledgment of liability.
If you seek additional "pain and suffering", don't fiddle around, take the photos, etc., to a personal injury attorney. Personal injury attorneys nearly always give a free initial consultation.
The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.
Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.
I truly wish you the best.
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This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.
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