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I left my diabetic needle on a restaurant table and it stuck…

Customer Question
I left my diabetic...

I left my diabetic needle on a restaurant table and it stuck the waitress. Can I be sued?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Kentucky

Lawyer's Assistant: Has anything been filed or reported?

Not yet I just did this morning. I called the manager but he wasn't in yet.

Submitted: 7 months ago.Category: Legal
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Answered in 3 minutes by:
12/7/2017
Lawyer: Lucy, Esq., Attorney replied 7 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
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Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Before a person can sue someone for an injury, they have to show certain things. The first thing they have to show is that it was careless to leave the needle out where someone could get stuck. A judge would look at a few factors for this, such as whether the needle was entirely on the table, whether it was visible, and whether you'd pulled it out because you were planning to use it in the immediate future or left it there the entire meal.

Then, the waitress has to prove that she suffered damages as the result of getting stuck. That usually requires showing hospital records or other medical bills. Did she go right back to work? What happened after?

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Customer reply replied 7 months ago
She went to the hospital to get tested
Lawyer: Lucy, Esq., Attorney replied 7 months ago

She could ask you to pay for the hospital bill. To do that, she has to prove that you were negligent.

But she could also ask the hospital to cover it under worker's compensation laws. That's up to her. Many people will use worker's compensation where they can, because it lessens their out of pocket expenses. It may be better for her if her job continues paying her for any lost work than spending a month suing you and then more time trying to collect a judgment.

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Lawyer: Lucy, Esq., Attorney replied 7 months ago

If she contacts you, you could also offer to settle for some amount of money you think is fair. That's one way to avoid a lawsuit.

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Customer reply replied 7 months ago
Should I get this in writing.
Lawyer: Lucy, Esq., Attorney replied 7 months ago

Yes. Any settlement would have to be in writing, and it should clearly state that she's accepting the money as full and final settlement of all claims against you. That way, she can't take the money and then sue for more.

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Lawyer: Lucy, Esq., Attorney replied 7 months ago

Do you have any other questions about this?

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