# Accident/Injury in Restaurant - What to do?



## notagardener (11 Dec 2015)

Last Sunday my wife had a bad fall on a wet floor while carrying a tray of food/drink in a fast food restaurant and sustained some injuries. She was with her sister and went to the hospital immediately. Thankfully nothing was broken, but she has bad bruising on her forehead, nose, arms and chin. She also lost one of her bottom teeth and has two black eyes and understandingly hasn’t been well the past week. 

As she was in so much pain and discomfort, I brought her to our doctor on Tuesday and thankfully he's happy that her nose isn't broken and she was given some pain killers to help with the pain. 

On the night in question, following the incident a staff member was quick to put down warning signs about the wet floor and then offered to bring them new meals. Two men that were eating there witnessed the incident and have passed on their mobile numbers if their statements are required. 

I have since been in touch with the restaurant and have had problems communicating the issues – the person I spoke to was not Irish and we both had problems understanding one another. Has anyone ever a had a similar type situation and can you please advise on the best actions to take.

Thanks _*notagardener*_


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## moneybox (11 Dec 2015)

Your wife got a terrible shock, thankfully shedid not sustain more serious injuries given the nature of the fall, maybe you should just go and get legal advice.


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## cremeegg (11 Dec 2015)

What do you want.

Maybe write them a nice letter outlining what happened and copying the medical bills and ask for them to cover the bills. If you want something to cover the pain and suffering, what do you have in mind, maybe a voucher to cover a meal for 2 or 4 .

If you expect more substantial compensation, I strongly advise that you *do not* go to a solicitor. Complete a form for the PIRB http://www.injuriesboard.ie/eng/Forms-Guidelines/Form-A-Mon-Fri-Update-.pdf


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## moneybox (11 Dec 2015)

Why do you not advise not going to a solicitor cremeegg?

If this happened to me I would be looking for a lot more than the price of a free meal, this lady ended up with two black eyes, a broken tooth and probably aches and pains all over her body after a fall like that not alone what the shock did to her body.


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## notagardener (11 Dec 2015)

I want my wife to be well, I want her teeth back to normal and I want her to be able to go out and not be worried about people staring at her. I would like an apology from them and all our medical fees looked after. One thing I certainly don't want is a voucher for a meal.


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## cremeegg (11 Dec 2015)

notagardener said:


> I want my wife to be well, I want her teeth back to normal and I want her to be able to go out and not be worried about people staring at her. I would like an apology from them and all our medical fees looked after. One thing I certainly don't want is a voucher for a meal.



Well i am sure that the restaurant will give your wife an apology and cover your bills. They cannot do the other things.


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## cremeegg (11 Dec 2015)

moneybox said:


> Why do you not advise not going to a solicitor creme egg?



Because the Personal Injuries board is responsible for damages in the case of well personal injuries. They require a simple form to be completed and a medical assessment. They work from a fixed scale of damages for various injuries. 

You can complete the form your self and keep any award or you can get a solicitor to fill in the form and pay them a large fee.


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## notagardener (11 Dec 2015)

Thank you - that's good information


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## Marion (11 Dec 2015)

Hi notagardener

Call in to the premises in person.

Have you asked the premises for cctv footage of the incident?

If not. Do so. ASAP.

The current Health and safety practice in relation to spills/wet floors is to cordon off the area. (Having a wet floor sign is not deemed adequate.)

This does not seem to have been done in your wife's case.

And take photos of you wife's injuries.

Marion


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## Bolter (11 Dec 2015)

http://analysis.rte.ie/business/2015/08/31/motor-insurance-meltdown-benefits-nobody/

You should instruct a solicitor. Piab is not that straightforward.  I'm attaching a link above to Rte article that references the Piab and court awards. It is very accurate.  90 per cent of claimants go to Piab with a solicitor for good reason.
i hope your wife makes a speedy recovery.


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## cremeegg (11 Dec 2015)

leanbh said:


> http://analysis.rte.ie/business/2015/08/31/motor-insurance-meltdown-benefits-nobody/
> 
> You should instruct a solicitor. Piab is not that straightforward.  I'm attaching a link above to Rte article that references the Piab and court awards. It is very accurate.  90 per cent of claimants go to Piab with a solicitor for good reason.



What is that good reason.

Can a solicitor increase your chances of getting an award. No

Can a solicitor get a higher award. No

So what is that "good reason"

90% of people go to PIAB via a solicitor because they don't have the confidence to fill in a simple form themselves. If you can read and write you can complete the form yourself. If you cannot most people could get a friend to help without the cost of a solicitor.

You ca telephone the PIAB and they will advise you on any aspect of the application you may have difficulty with. Free impartial advice.

Or you can go to a solicitor and get charged.


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## Bolter (11 Dec 2015)

Well 90 per cent of people with solicitors at PIAB are wrong then? 
The fact is, a solicitor is legally trained and experienced to get the best possible award for a client and to assess whether the PIAB offer (if there is one)  is reasonable in the particular clients circumstances. PIAB awards have not kept up at all with court awards- that is the purpose of the link I posted earlier. This is widely known.
regarding fees, I always believe that you get what you pay for.


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## Marion (11 Dec 2015)

My advice is to keep your solicitor (if you decide to get one) informed at all times.

Don't assume that that they will know your case. They may need to be spoon fed.

Marion


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## cremeegg (12 Dec 2015)

leanbh said:


> Well 90 per cent of people with solicitors at PIAB are wrong then?
> The fact is, a solicitor is legally trained and experienced to get the best possible award for a client and to assess whether the PIAB offer (if there is one)  is reasonable in the particular clients circumstances. PIAB awards have not kept up at all with court awards- that is the purpose of the link I posted earlier. This is widely known.
> regarding fees, I always believe that you get what you pay for.



How can a solicitor get a higher award, can they persuade the PIAB to go above the quantum. No 

Can a solicitor take you to the High Court and get you a higher award, after all it seems to be "widely known that PIAB awards have not kept up at all with court awards". The OP may be unfortunate enough to meet a solicitor unscrupulous enough to do that.


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## cremeegg (12 Dec 2015)

Marion said:


> My advice is to keep your solicitor (if you decide to get one) informed at all times.
> 
> Don't assume that that they will know your case. They may need to be spoon fed.
> 
> Marion



What information would a solicitor need or be able to use beyond what is required on the PIAB form?


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## Marion (12 Dec 2015)

I don't think a solicitor is wondering how to fill in this form or what information is required to fill in the form.


The decision is made by the individual. 

Marion


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## Bolter (12 Dec 2015)

How on earth is it "unscrupulous" for a solicitor to go to court? (and it may not be high court it may be circuit)
Isn't a solicitor's job to represent the client as best he can? Wouldn't a solicitor be negligent if he omitted to tell client of his options? It's up to the client in the end whether they want to pursue the matter in court. They may decide to take piab award but at least with a good solicitor they can  make an informed decision.


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## noproblem (12 Dec 2015)

Your local co councillor will fill in the form, they do it all the time and especially if there's money involved.


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## Bolter (12 Dec 2015)

Legal representation is not corruption.
The ops wife suffered an accident.  We have a legal apparatus in Ireland to deal with such events. Piab and the courts. 
Fraudulent claims are wrong but I  think some posters here have an opposition in principle to courts making any awards to people who genuinely suffer accidents. 
That's up to themselves but they should state that position  before offering advice to an accident victim.


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## moneybox (12 Dec 2015)

noproblem said:


> Your local co councillor will fill in the form, they do it all the time and especially if there's money involved.



Ha ha what's in it for me


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## homecoming (12 Dec 2015)

A family member had an accident and we took legal advise, put in a claim for damages in view of the outstanding hospital bills, pain and suffering. I can give you the name of the Solicitor we are using, who doesn't charge for your consultation and will advise you that you certainly have a claim and will, take over the work for you. If that is of any help. All the best.


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## notagardener (12 Dec 2015)

Thank you all for your contributions, we'll decide over the weekend which action to take.


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## peteb (14 Dec 2015)

homecoming said:


> A family member had an accident and we took legal advise, put in a claim for damages in view of the outstanding hospital bills, pain and suffering. I can give you the name of the Solicitor we are using, who doesn't charge for your consultation and will advise you that you certainly have a claim and will, take over the work for you. If that is of any help. All the best.



I'm intrigued as to how your solicitor can advise the OP that he most definitely has a case when he hasnt spoke to him?


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