Highwayman
Well-Known Member
So are you Kathleen or Yagz???
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Unique Slip and Fall Case, Biffed it in Orlando Airport Burger King
- Thread Starter Yagz
- Start date
So are you Kathleen or Yagz???
army judge
Super Moderator
Great observation, great question.
Highwayman, may I have "either/or" for $100, please?
Yagz
Guest
Kathleen is my name
Yagz
Guest
My attorney is not going in on they did not have enough time to clean tge spill. He is going in on tge fact that they knew the spill existed and caused a dangerous situation and did nothing to correct it. The worker caused tge situation by removing the bottle and leaving the water on the floor.
Yagz
Guest
I think you feel you have to be right lol. Like I said you are entitled to your opinion however wrong it may be. I will post the outcome as time goes on. Obviously my attorney of 30 years experience feels I have a case
Anything can happen if you get in front of a jury. Anything. Insurance companies know very well the cost of going to trial and they know very well the vagaries of juries.They may offer to settle something just to make it go away. Personally, if I were a juror, I would have a hard time assigning blame because the person picked up the water bottle which is what you seem to be focused on. I think that would be a natural reaction, "oh let me pick up the bottle, then I will go find a mop." I really don't see this ever getting to a jury. You'll get something, your attorney will get something and the insurance company will avoid a trial. Best of luck to you.
cbg
Super Moderator
Your complaint was that we all had opinions when "we only had an overview". Well, if we only had an overview that's on you, not on any of us. Too many times we have people post one or two paragraphs and when we don't answer the way they want us to, complain that we don't have all the facts. Well, where are we supposed to get the facts from if not from you? The answers you get here are going to be as good as the information you provide. Mind-reading is not in the job description.
Yagz
Guest
Thank you
I've worked with personal injury attorneys on a few cases and this case is almost certainly not going to a jury. I say so because what are the potential total amount of damages in question - even assuming you get past the time issue that you want to claim is a non-issue? Your injuries appear to be soft tissue injuries.
Don't get me wrong - I'm sympathetic. I don't know why you're here if you have an attorney but I can only surmise he's trying to negotiate a settlement of sorts. It will probably end in negotiation, success or not. Perhaps he's hoping they will settle to avoid a lawsuit that will go nowhere. I say that because @adjusterjack is correct. If the attorney is conceding that the time from when the water spilled until you fell is not long enough to be considered negligence, you've got a very weak case. Burger King didn't create a dangerous situation if the time you fell was so short that it was reasonable to expect that there wasn't enough time to remedy the situation. For example, if the employee went to the back of the Burger King to look for a mop and during that time you fell, how did the store create a dangerous situation?
There may be more here we don't know but that wouldn't make me comfortable taking on contingency fee, coupled with the fact that most of your other injuries have healed or are non-permanent. In this country most believe that if they are injured there must be someone to compensate them. It's why there are too many frivolous lawsuits. The law is supposed to decide who bears the risk of injury from an accident. If there is no negligence, the injury suffered from an accident is unfortunately borne by the victim. It happens. I'm sorry it was you. But without knowing more facts than stated, I think you've got a difficult case although your attorney is by far in the best position to advise you. Good luck.
Don't get me wrong - I'm sympathetic. I don't know why you're here if you have an attorney but I can only surmise he's trying to negotiate a settlement of sorts. It will probably end in negotiation, success or not. Perhaps he's hoping they will settle to avoid a lawsuit that will go nowhere. I say that because @adjusterjack is correct. If the attorney is conceding that the time from when the water spilled until you fell is not long enough to be considered negligence, you've got a very weak case. Burger King didn't create a dangerous situation if the time you fell was so short that it was reasonable to expect that there wasn't enough time to remedy the situation. For example, if the employee went to the back of the Burger King to look for a mop and during that time you fell, how did the store create a dangerous situation?
There may be more here we don't know but that wouldn't make me comfortable taking on contingency fee, coupled with the fact that most of your other injuries have healed or are non-permanent. In this country most believe that if they are injured there must be someone to compensate them. It's why there are too many frivolous lawsuits. The law is supposed to decide who bears the risk of injury from an accident. If there is no negligence, the injury suffered from an accident is unfortunately borne by the victim. It happens. I'm sorry it was you. But without knowing more facts than stated, I think you've got a difficult case although your attorney is by far in the best position to advise you. Good luck.
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