I recently had dinner at a five star resturant and the Right leg of the chair that I was sitting on completly broke away from the chair. I injured my right shoulder had to have a steroid injection this week. I was the second person in a week period of time that this had happened to from my company. I had a large steak knife in my right hand and by the grace of God I did not fall on in it. Should I consider legal action for negligence on the part of the resturant. I have good insurance so the medical bills are not a problem.
State/Country relating to question: New Jersey
I have not done anything yet. I am considering sending them a letter.
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm glad to hear that you weren't more seriously injured.If the restaurant knew or should have known that there was a problem with the chairs, then you might be able to state a claim against them. If you know someone else that fell on a chair at that restaurant earlier in the week, that could suggest that they were aware that there could be a problem - the question would be whether they had a duty to check all the other chairs at that time. Basically, to assert a cause of action for Negligence, you have to show that the restaurant (or its employees) fell below the standard of care that would generally be exercised by the reasonably prudent person. One thing you could do is write a letter to the CEO or owner of the restaurant, explaining what happened, and demanding some sort of compensation. They may be willing to do something to avoid going to court. Another option would be to sit down with a local attorney to review the specific facts of the case - he can look at similar chair injuries in your area and what type of compensation you might reasonably be able to get. What you're looking for is a personal injury attorney. A good place to look is http://www.martindale.com.
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