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Safety And Procedures Response To Personal Injury

Been the victim of Medical Malpractice or fighting a malpractice suit? Discuss it here.

Safety And Procedures Response To Personal Injury

Postby Tylor » Sat Nov 19, 2016 12:44 am



On Saturday, May 10, 2008, I had an accident at Applebee’s in Chico, California that I feel could have been avoided if routine safety procedures had been taken by the employees.  There were 7 of us in my party, so a special table was set up with some of the chairs placed in the aisle, thus limiting the width of the aisle. The lighting was limited, so it was difficult to see anything placed on the floor.  Two women and a young child were in the booth across from my table. A booster seat had been provided for the child, but the   mother had placed it on the floor in the aisle next to the booth.  While getting to my seat, I tripped over the booster seat, fell against the booth and floor, and sustained contusions and deep bruises to my left arm and shoulder, exacerbated by my requirement to take Plavix.  I am currently taking medicine to combat neuropathic pain caused by the accident. The booster seat was obviously on the floor when the table was being set up for my family. However, none of the employees took notice, or if they did, did nothing to eliminate the hazard.  Also, they acted confused and hesitant after the accident, as if they didn’t know what to do in such a situation, so they did nothing.  No information about the incident was given or taken by any employee.

I sent an email to Applebees corporate office, stating my belief that the employees; had not been trained to be concerned for the safety of the customer; and had no established procedures for handling such incidents.  The email was ignored, so a follow-on letter was sent.  The ultimate response was to treat the issue as a minor liability suit($1000 maximum judgment) hoping I would take the offer($20) and be satisfied.  I’m not satisfied.  My concern is and has always been the safety of future customers, and I don’t believe Applebees corporate is reacting appropriately, so I would like to force the issue.

So, here is my question.  Is there a law, or laws, applicable in California that requires a business to report incidents that occur on their premises?   And, is it possible that a fire law is applicable because of the blocked aisle and the ignored booster seat?  
Tylor
 
Posts: 39
Joined: Thu Mar 06, 2014 1:08 am

Safety And Procedures Response To Personal Injury

Postby camdin » Sat Nov 19, 2016 11:57 am



On Saturday, May 10, 2008, I had an accident at Applebee’s in Chico, California that I feel could have been avoided if routine safety procedures had been taken by the employees.  There were 7 of us in my party, so a special table was set up with some of the chairs placed in the aisle, thus limiting the width of the aisle. The lighting was limited, so it was difficult to see anything placed on the floor.  Two women and a young child were in the booth across from my table. A booster seat had been provided for the child, but the   mother had placed it on the floor in the aisle next to the booth.  While getting to my seat, I tripped over the booster seat, fell against the booth and floor, and sustained contusions and deep bruises to my left arm and shoulder, exacerbated by my requirement to take Plavix.  I am currently taking medicine to combat neuropathic pain caused by the accident. The booster seat was obviously on the floor when the table was being set up for my family. However, none of the employees took notice, or if they did, did nothing to eliminate the hazard.  Also, they acted confused and hesitant after the accident, as if they didn’t know what to do in such a situation, so they did nothing.  No information about the incident was given or taken by any employee.

I sent an email to Applebees corporate office, stating my belief that the employees; had not been trained to be concerned for the safety of the customer; and had no established procedures for handling such incidents.  The email was ignored, so a follow-on letter was sent.  The ultimate response was to treat the issue as a minor liability suit($1000 maximum judgment) hoping I would take the offer($20) and be satisfied.  I’m not satisfied.  My concern is and has always been the safety of future customers, and I don’t believe Applebees corporate is reacting appropriately, so I would like to force the issue.

So, here is my question.  Is there a law, or laws, applicable in California that requires a business to report incidents that occur on their premises?   And, is it possible that a fire law is applicable because of the blocked aisle and the ignored booster seat?  
camdin
 
Posts: 49
Joined: Wed May 22, 2013 8:06 pm

Safety And Procedures Response To Personal Injury

Postby Cynbel » Wed Nov 23, 2016 1:46 am

I know you are upset and hurting from this accident but really, you expect far too much. These Applebee employees are usually very young, usually minimum wage, and entry level. They have not received training in CPR, first aid, or anything of the kind. Certainly you would expect a manager to show concern, prepare a report etc. and I am surprised this did not happen.

There is no legal requirement for a restaurant to report an injury like you suffered and although there are rules about the capacity of a room, fire exits, etc., somebody leaving an obstacle in the aisle temporarily is certainly not a violation. The conduct of the employees after the incident is irrelevant unless it aggravated your injuries. The law does not require people to be smart, courteous or helpful.

However, I do believe that if you have witnesses that the booster was in the aisle for more than a few minutes, then the restuarant would be liable for your injuries as they, like any business or land owner have a duty to remove or prevent foreseeable hazards. But, I don't think you have such a witness and I don't think you could know how long the booster was in the aisle. It is like slipping on a  banana peel in a grocery store. If another customer dropped the peel so close in time to the accident that the store did not nor could not know it was there, the store is not liable. Same here. The booster might have been there only a short time. Not enough time for the restuarant to know of the hazard and remove it. You have the burden of proving otherwise. Your best case would be against the people who put the booster where it was but that is impractical of course. You need to chalk this up to being just a garden variety accident. Doesn't mean you shouldn't be upset.  By the way, if you did not have the accident looked at by the manager and a report taken, there is definitely no case. They would deny it ever happened. Only legal recourse is to sue in Small Claims or, if they did ackknowledge the incident, their insurance company would have covered any out of pocket med expenses.
Cynbel
 
Posts: 47
Joined: Wed Feb 19, 2014 8:38 pm


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