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2 Bumps

mixed feeling?

My daughter slipped and fell at McDonalds on Friday. I took her to the ER and they think that its broke. I have to take her to an othrapedic this coming week so see if it is in fact broke. She slipped on spilled soda that was at our table. We didnt spill it and we didnt see it because it was either water or sprite. but anyways my husband wants to sue them for it. The manager a took all my info and what not to call in the claim to their insurance. They said that they will pay for everything and anything that she needs....I dont really want to sue but my husband is dead set on it for pain and suffering because my daughter cant do anything for the rest of the summer. Our family trips we have planned may be cancelled because she cant walk or anything. What would you do?

Answer Question

Asked by Anonymous at 3:42 PM on Aug. 1, 2010 in General Parenting

Answers (10)
  • well, I definitely think you should accept the payments of the bills and such, but I disagree with suing just to make some extra cash off of an accident like that. Which IMHO is all it sounds like he wants. Its not like the money is gonna be spent just on her, and for that matter, sure she'll be inconvenienced for part of the summer but it's not like it's a lasting disability.

    Answer by DarkFaery131 at 3:47 PM on Aug. 1, 2010

  • Well, your not out of the woods yet. What did she break? Hopefully whatever it is will heal on its own with time. Since they are bending over backwards to pay for stuff, they probably know that they could be held liable in a law suit. I would talk to an attorney and see what they say. Dont worry too much McDonalds has enough money to buy the moon!

    Answer by beyondhopes at 3:48 PM on Aug. 1, 2010

  • Thats what they are insured for. She fell due to thier staff being neglegent in keeping the place clean and safe for thier patrons.Yes, I would pursue a lawsuit. Maybe they will stiffen up the guidelines to cleaniliness in thier restaraunt. What if that was an elderly person that fell instead and had gotten a broken hip or a fractured skull.
    Don't feel bad...just do what you gotta do.
    Good Luck..hope she heals quickly and makes the most that she can out of whats left of her summer vacation.

    Answer by kimberlyinberea at 3:49 PM on Aug. 1, 2010

  • Since they are going to pay her medical bills I wouldn't sue.

    Answer by fairyinabubble at 3:55 PM on Aug. 1, 2010

  • I would have to agree with those that say contact an attorney. I dont think I would jump straight to suing them, but I would just want to know all of my options. I also agree that the situation could have been a lot worse and thats what would have concerned me. So contact an attorney and keep an open mind either way. The attorney may not even recommend you sue, they may just be a middle man for you to make sure the company doesnt screw you over. I have heard of situations where they say they are going to pay but never do. And with that in mind I would definitely want an attorney on my side to make sure that they do what they have agreed to do.

    Answer by Amanduhpanda at 3:58 PM on Aug. 1, 2010

  • No, don't sue.

    Let's put it this way. It snows, you spend a lot of time cleaning up the snow, shoveling your walk and spreading ice melt on it. You go to work. The sun spends part of the day melting the snow, but before you get home from work, it refreezes. A neighbor is walking home from the store and slips. How would you feel if they sued you? You did everything you could. You can't be there every moment of the day to clean everything up.

    Unless you can prove that they knew the spill was there and didn't clean it up, it's really not their fault that some other customer was irresponsible and spilled a drink. They didn't even know it was there and if you didn't see it, they didn't either.

    They are being nice and offering to pay the medical bills. They could have said it was your DD's fault for not watching where she was walking.

    Please don't become another frivolous lawsuit.

    Answer by layh41407 at 4:00 PM on Aug. 1, 2010

  • well if she is hurt its kinda there fault they are suposed to clean every table arter its used i am a manger at mcdonalds and they should have cleaned the table and floor around it so therefore its there fault

    Answer by Sweet_Angle at 4:03 PM on Aug. 1, 2010

  • This is exactly what is wrong with the world today, too many people jumping to sue, just to make an extra buck. If they weren't offering to pay medical bills, than I would say sue, if you already put a deposit down on a vacation that you can no longer attend, and you lose money because of this, than sue. But don't just sue because you think it's an easy way to make a profit. Lawsuits are supposed to make you whole, not make you better off.

    Answer by my2.5boys at 5:20 PM on Aug. 1, 2010

  • I wouldn't sue. Accidents happen and they're offering to pay the medical bills. Leave it at that.

    Answer by Christina807 at 5:42 PM on Aug. 1, 2010

  • I would take the payments.

    Answer by Mom2Just1 at 10:30 PM on Aug. 1, 2010

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