Location: New Orleans, Louisiana
To keep this simple, a customer came in 3 years ago and “slipped”on her way to the restroom. She claimed that we didn’t have the wet floor sign placed there. However, none of us saw it happening, and the restaurant was empty at that time. My parents also insisted that they placed the sign earlier already.
Unfortunately, we didn’t have cameras and weren’t properly insured at that time. She did went through medical procedures that costed over 30k (with medical record). And now her attorney is demanding over 100k.
My parents are working with an attorney to negotiate and reach a settlement (still going to be $$$). But I don’t think that’s the best way to go about it. They don’t want to bring the case to court because to them, it’ll be a whole “complicated process”.
Any insights, tips, or advice? It’ll be a huge financial burden to my family, especially this year. Thanks everyone.
Comments
Your parents are already working with an attorney. This is going to be very fact specific and the best advice anyone can give is to tell your attorney everything they need to know and listen to their direction on how to proceed.
It sounds like that attorney has already said a settlement is the best option for a restaurant that was underinsured and has no proof that this incident happened differently than the customer is claiming. It would be hard for anyone here to tell you anything different when the attorney already has all of the information regarding the case.
Your parents do not have insurance? Businesses are supposed to have insurance to cover this. The insurance provides a lawyer to negotiate. The insurance pays whatever may need to be paid.
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Prove that she was ever in your restaurant? Was there an ambulance? Was there any record that she was actually there in your shop?
If no insurance, your parents need an attorney asap and deal with them. Reddit can’t advise you of much else here as the details will be too specific. If they are already working on that, that’s what their efforts need to be focused on.
Louisiana is the most unique legal jurisdiction in the US, so take anything anyone other than a Louisiana attorney says with a massive grain of salt, but… until July 1, 2024, the statute of limitations on personal injury claims was one year (the 2024 change increased it to two years).
If this happened “three years ago” then the period for the injured party to sue should have lapsed.
Since you say they have an attorney and he is negotiating a settlement, I would think there is more involved here and you may not have all information.