Legal Question in Personal Injury in Georgia

Fall

My 9 year old daughter slip and fell inside a local resteraunt as she was going in.It had been raining and the floor was wet with a rubber mat that was not secure as you enter the door.Some kind of way her foot went under the mat and she fell on both knees due to the mat and slippery floor.Her knees were bruise for about 3 months and she had to take advill for pain.The insurance company has paid medical bill which only amount to about 150 dollars.I would like to know could I obtain pain and suffering for her ?

Thanks J


Asked on 9/17/03, 9:41 pm

3 Answers from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Fall

Maybe, if you didn't sign a full release to get reimbursed by the insurance company (assuming it was the restaurant's insurance). In this kind of situation, you probably cannot get a lot, but you may be able to get something and the Georgia small claims court (Magistrate Court) has a $15,000 limit, and is simple and you can do it yourself. The restaurant will probably counter with negligent parental supervision as a partial defense, but you may have a chance to squeeze something additional out of them.

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Answered on 9/17/03, 9:46 pm
Kenneth L. Shigley Chambers, Aholt & Rickard, LLP

Re: Fall

I agree with Wayne Wisong. This type of case would have minimal value. If it were litigated, the only person who would profit would be a defense lawyer who the restaurant's insurance company pays by the hour.

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Answered on 9/18/03, 7:24 am
Benjamin Eichholz The Law Office of Benjamin S. Eichholz, P.C.

Re: Fall

This case is not large enough for us to litigate on your behalf. However, I think that you should ask the insurance company for $500.00 for pain and suffering and see if they will give it to you.

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Answered on 9/25/03, 9:18 am


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