Legal Question in Personal Injury in California
customer claims he was injured at our restaurant
While dancing a customer claimed a set of small speakers fell on him, hitting him on the head. When I spoke with him he had a very small red spot on his forehead and seemed to be animated and uninjured. The following day he called and said he had visited a hospital and had sustained a concussion. He then said he would like to close the situation with $3,000.00, he then could forget about the incident and go on his way. He claims he is now always agitated and afraid of clubs.
I have the distinct impression he can get a fast dollar from us, his friends all say he is uninjured and is unemployed and is desperate for money. Some people feel we should settle with him before he goes to consult an attorney but because I feel so certain his claims are merely a way to extract money out of us, I am reluctant to settle. Isn't some proof of his injuries required and he claims he is now suffering from nervousness and ought to be compensated for mental anguish. Would this fly in todays courts?
4 Answers from Attorneys
Re: customer claims he was injured at our restaurant
You answered your own question -- you roll the dice. If you pay him, you will never know how it would have turned out if he sued. If you don't pay and he sues, it will cost substantial money to defend if you have no insurance. If you do, your insurance will provide the attorney without cost, subject to your deductible. I always advise people to stand on principle. If you think he is trying to extort you, and it is not right to pay - tell him so. If you need to hire an attorney, contact me if interested. A strong letter from an attorney may keep him from pursuing this.
Re: customer claims he was injured at our restaurant
Why not call his bluff, and ask him if he will sign a release so that you can obtain his medical records to verify his injuries? That might knock the wind out of his sails. Good luck to you!
Re: customer claims he was injured at our restaurant
If you have insurance, then turn the matter over to them. They will deal with it; however, you will have to pay your deductible which may be over $3k. Also, you will have to deal with the person's attorney and being in a lawsuit for potentially 1-2 years. I have extensive experience from both the victim's side and defense side. I agree with the principal thing, but that sometimes is not the best and quickest solution. I would offer him $1000 and have him sign a Release of All Claims. This way, if he does try and come after you, you have a written contract and he will be out of luck. I can draft one to protect you so if he tries to sue you, he will be in breach of the Release and will be liable to you for attorney's fees and costs of suit, which will discourage an attorney from taking his case. Also, $1K plus hiring an attorney to draft a Release will give you peace of mind and you can write it off for your business. It is a LOT cheaper in the long run and less time-consuming. I will gladly discuss this matter with you. Please feel free to email me or call me at (714) 423-2436. Thanks for your question and good luck.
Re: customer claims he was injured at our restaurant
Your CGL policy should cover this..and you can tender your defense to them..but as some other attorneys have suggested...it might be cheaper to make a deal with him. If he is asking way more than your deductible..give it to the insurance company.
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