Home > Research Legal Advice > Defective / Dangerous Products > Sustained injury to my finger due to defective restaurant chair.
Asked over 2 years ago - New York, NY
Flagas i was pulling up the chair i was to sit on i sustained injury to my finger due to a defective chair. got medical attention and had a metal piece surgicaly removed. manager gave me incident report and he agreed in writting that chair was defective(next day he was fired?) at present i am getting billed by hospital well over 20k for medical. spoke with restaurant corporate headquarters and just getting the run-around?. i have incident report, medical documentations, refferals, prescriptions but the medical bills are escalating? what can i do? i cannot afford an attorney.
You do not have to worry about affording an attorney in this case. New York attorneys will take your case on a "contingency basis"; meaning they only get paid if they recover money for you. I practice in New York City and handle product liability and negligence type cases and a contingency agreement is the normal agreement in these type of cases. You need to immediately contact an attorney. You should immediately send a letter via overnight mail to preserve the chair at issue. I would also demand that the incident report be preserved. The manager may be an excellent witness for your case and you need to get a statement from him as soon as possible.
Any personal injury lawyer will handle your case on a contigency basis. The issue is this: did the restaurant have notice that the chair was defective? Notice can be actual - that they knew, or constructive - that the defect was present long enough that they should have discovered and corrected it. I would be interested to see what is in the incident report. You may be able to collect not only for the medical bills but also your pain and suffering. In addition, the restaurant may have medical pay insurance which will pay some fixed amount of medical bills regardless of whether the restaurant was negligent or not. You should retain an attorney to handle this for you otherwise you will continue to get the run around. I am a former federal and State prosecutor and now handle personal injury cases so please feel free to check out my web site and contact me if you wish to discuss your case.
You should not have a problem locating a personal injury attorney willing to provide you a free consultatiuon regarding your case. If the two of you decide to pursue your claims, you should be able to enter into a contingency contract with that attorney. He or she will only be paid if you recover from the restaurant for your damages.
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