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Is a restaurant liable for an injury on the head which resulted from a door hitting me?

Selma, CA |

My nephew was taking his son to the restroom when all of a sudden door is pushed out and huts him in the head. He had to get three stitches on top of his left eye brow. At first they said they would pay bills nothing in writing then indurance company wrote determination letter stating they wouldn't pay.

Attorney Answers 9


  1. Best answer

    What door? A kitchen door pushed by an employee..or a restroom door pushed out by a customer? You'll need to prove a dangerous condition existed, that the restaurant knew about it or should have known, and that it caused damages. Set up an appointment with a personal injury attorney to discuss all details and possible options.


  2. Sorry to learn about the incident. More facts would be necessary to determine if there exists a viable claim. What is certain is that your nephew has learned the hard way not to speak with the insurance company. Have him contact local and qualified personal injury counsel. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


  3. A denial means little at this stage, but more facts would be important to determine the viability of a claim.

    We are sorry to hear about your issue. You can find a great local lawyer to investigate the situation right here. Avvo has an excellent "find a lawyer" tool to locate a top-rated attorney near you who offers a free consultation. Hopefully, someone here can help you get some more direction. Good luck!

    http://www.knowthelawyer.com - Our office accepts clients off of Avvo, but this initial impression is not protected by any privilege, is not attorney-client communication and you should consult a lawyer promptly about any legal matter.


  4. The most important fact is who hit him with the door? You don't say but I'll assume it was an employee.

    They're gambling that if they tell you this is a small case and they're not responsible, you won't pursue it. You'll need a local PI attorney if you want to pursue this.


  5. You didn't post who pushed the door...an employee? If so, have a local personal injury lawyer investigate. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.


  6. Consult with a local personal injury lawyer. Best of luck.

    This answer is provided by California Auto Accident Attorney Manuel A. Juarez, Esq., These answers are not intended to form an attorney client relationship. Manuel Juarez. Esq., is licensed only in California. He practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California. El abogado de lesiones y heridos en accidentes de autos, Manuel A. Juarez es licenciado solo en California.


  7. More facts would be helpful. Often in commercial establishments there is a door closure mechanism that prevents the door from moving rapidly so that someone on one side whacks someone on the other side. If this mechanism was not working property or wasn't there, it might well be a good case.


  8. Irrespective of who opened the door may be defective in design, manufacture, or (non)maintenance. The Small Claims Court is available to adjudicate the claim of up to $10,000 without the business being able to have an adjuster or attorney represent it (unless on appeal) and without the claim suffering an attorney fee.