Forced to contact lawyer re: my fall last night *LIVID*

Discussion in 'The Watercooler' started by Mattsmom277, Dec 15, 2010.

  1. Mattsmom277

    Mattsmom277 Active Member

    Argh! So the mall management or lawyer (didn't say who it was, just on behalf of the mall) called. First, the information booth clerk wrote down the wrong entry way that we fell last night. I told him I said I was coming in through food court doors and never mentioned any other entrance so how am I at fault that this woman wrote down the wrong entrance? Answer, its not. Of course his attitude built. he was ignorant from the second he asked to speak to me. Then he told me I should have had security come who would have taken me upstairs to a private office, taken a proper legal incident report, photographed my boots and treads to confirm that they were not the cause of my fall, taken me to photograph where I fell and walk them through it, and pulled the video for the doors. My response was the information clerk never told me this could be done, she had no idea and that is a management level FAIL to not train their people to know what to do when management is off site. Not MY issue. And said since you pulled the wrong mall door tapes this morning you can easily pull the proper ones. Claims he has reports in front of him they salted and sanded twice yesterday on teh sidewalks. Well the sidewalk is a perimiter one around the building, not the parking lot beyond those little sidewalk squares. And there was snow caked into my dark brown cords and my white and black coat and no, there was no salt nor sand on me or on the ground. So the sidewalk sanded means nothing to me. I only spoke in a snarky tone when he wore me down with his ignorance and attitude. After he said "Since you didn't follow procedure and I have no tape at that specific door showing any persons falling, I can't do anything for you and you should have taken the proper steps last night when you CLAIM it occurred". I snapped back I didnt ask for him to "Do anything for me", and that he watched the wrong damn tape. I then said seems we have little left to say except I am asking what happens next as it is a failure on their part to instruct employees to instruct customers to security for their "procedures", and I DID go to find management to file a report. He barked he'd have security call to arrange for a meeting for a report to be taken and a time their insurance and lawyer can be present. I said fine and hung up.

    I am NOT going to meet these people given the way I was spoken to. Yet i darn well am filing that incident report. i could give a rats patootie about any kind of compensation or law suit. However if I don't heal right or have longer lasting muscle or nerve issues or complications from the crack to my head, I'd be an idiot to not protect myself. And I can't know for a few more days at least if I'm going to rebound which hopefully I will and this can all be done with. But meanwhile, IF I have any problems that don't heal, this is my right to have them document what went on etc to ensure protection for any possible medical stuff etc.

    I contacted a law firm and spoke with them in depth. They are callign back this afternoon and will have someone fromt heir office come get papers signed by me here at home afterwards. They will then be serving some type of documents to the mall management/insurance and I am told that they think they will NOT allow a meeting with them and me given their ignorance in that call. Instead the lawyer will write a formal incident report to serve to them.

    Argh! I didn't need to do a lawyer thing. Just take my beeping report for me just in case. And if i heal good, count yourselves lucky. But now??? I'm fit to be tied!!!
  2. DammitJanet

    DammitJanet Well-Known Member Staff Member

    I hate dealing with stuff like this. I really do. So many folks try to do slip and fall fake injury claims that it makes it really hard on people who do get injured.

    I havent fallen in a store in many years and back then I was so young, it really didnt hurt me. I was just a teen so I bounced right back, but they did take me up to management and take a report.

    My thing has always been fingers! I got my finger caught in a shopping cart back when Cory was small enough to fit in the seat. The seat started to collapse and it caught my finger in there when I went to catch him to keep him from falling into the basket. It was ugly. Kmart was great though. They sent me to the hospital, paid for the whole thing and then sent me a $500 gift card. I was thrilled. Never thought about suing.

    Just lately I have been hurt twice in my local food store. Both times I blame on me though so I never mentioned it. Well the first time I did mention it to them because I asked for a bandaid and I wanted to let them know there was a sharp place in the bathroom. I pinched my side and caused it to bleed. The other time I slammed my pinkie finger in the bathroom door and broke it. I figure I should have been more cautious. Not their fault. I bet some folks would have blamed them.
  3. Mattsmom277

    Mattsmom277 Active Member

    I had a needle a the ER a few years back and they caused nerve damage from improper placement when inserting a needle for a inter muscular injection. No thought of suing but did put it in writing to the hospital so they could better train the aides in proper positioning. I fell when 7 months pregnant with easy child on city property and long story short, it was their negligence that caused the fall. It led to kidney inflammation and infection for the last 2 months of pregnancy plus damaged my pelvic muscles which hindered my labor. No thought of suing, simply filed a report in case there was problems at birth with the baby. When there was none and easy child was healthy, I alerted the city insurance adjuster to tell them she was healthy and all was good and I was on the mend. No desire to sue, didn't think ofit. Would hve got something once again if I had.
    The worst was after gastric bypass. The surgeon gave me false information re: birth control. It led to me getting pregnant and requiring S/O and I to make the decision to terminate our one shot at having a baby. The baby would not have survived and there was no way to even know if I would have survived a pregnancy. The surgeon even admitted in writing to my GP that he messed up and felt horribly. I've never done my follow ups with that surgeon as I should be. Nor did I sue him although I could have made a mint especially as it was a surgeon in the US and the laws are more generous when suing for things like that than here in Canada.
    So I'm so far from a laywer person or lawsuit person. But dang this guy gave me no choice to call :(
  4. TerryJ2

    TerryJ2 Well-Known Member

    Gosh, what a creep. I would contact the mall board of directors and tell them about this twerp. (When you're feeling better, of course.)
    Best of luck.
  5. Andy

    Andy Active Member

    Make sure one of the papers you are signing is to allow them to obtain your ER records.

    Write down EVERYTHING (like you did for this forum adding even more details) from arriving in the parking lot, enterring, falling, steps taken after the fall, how you got to ER, ER report and recommendations, how you spent your evening (how this interferred in daily life), your exact conversation with this guy.

    Make a follow up appointment with a doctor and have those records available for your attorney. Take pictures NOW of your injuries.

    How did you get to ER? If someone took you get a statement from that person or ask your attorney to.

    Get your easy child to a doctor to clear her from lasting problems (and to record in your case how she was hurt).

    I also would never think of suing anyone but there is a point where you do need to protect yourself and as you said, these people need to take these injuries seriously. It is not just for their financial safety (someday someone will sue) but also the responsibility they have to provide for a safe environment. Life does happen and as long as people learn and try to prevent future accidents, life wouldn't happen so much. It would also look very good for them if they would offer a compensation to help defray the medical costs. An apology goes a long ways! :)

    Good luck!
    Last edited: Dec 15, 2010
  6. DaisyFace

    DaisyFace Love me...Love me not


    I, for one, am GLAD you contacted a lawyer. Not that I am sue-happy or anything....but your injuries sound extensive - and were obviously caused by their icy, untreated lot, and not the "ordinary clumsiness" which happens to all of us.

    It is likely that they may face legal trouble, too. Isn't there some law in your area requiring property owners to properly clear their sidewalks and parking lots from ice and snow?

    I think you should let your lawyer handle this. The mall management is waaaaaayyyyy out of line - and they are trying to now intimidate you just to cover their own behinds.

    And if you get some compensation for your pain and suffering - good for you! You can always make a charitable donation somewhere if you feel you don't want the money.

    Meanwhile, take care of yourself and feel better!
  7. AnnieO

    AnnieO Shooting from the Hip

    I had a similar thing happen in 1991... I was rearended by an old lady who just wasn't paying attention. Her insurance adjuster called, and fortunately the car was still in my Dad's name... He tried to intimidate Dad saying that the whole accident was caused by the driver's seat being broken. Dad had him on speaker. I just walked up to the phone and said, "Sir, the seat was FINE until the accident. Count your company and client LUCKY that the seat broke; because if it HADN'T, I WOULD have." (Politely, not nasty at all.)

    The guy started to get snarky... So my Dad calmly told him our lawyer would be in touch.

    We got a settlement check couriered to us the next day, but Dad refused to accept it (again, calmly, politely). After all was said and done (lawyer, but no lawsuit), the amount paid for my car, hospital bill (just a check-her-out at the ER), lawyer fees, and "pain and suffering" of about $10K...

    Keep your cool, but the lawyer was a good thing to do. And - gentle hugs. Know it hurts...
  8. 1905

    1905 Well-Known Member

    DO NOT TALK TO ANYONE AT THE MALL ANYMORE!!! Just talk to the lawyers, they'll take care of everything. Don't get upset any more than need be. You take care of you!!! I fell somewhere on a handicap ramp, which did not have any salt, and was a sheet of pure ice. The rest of the walkway was all clear though. I broke 4 ribs. The lawyers settled for 21,000 dollars. The lawyer took 7. I would have been happy with a free meal, I didn't know anything.
  9. Mattsmom277

    Mattsmom277 Active Member

    I am refusing to speak to anyone else from the mall or their lawyer or insurance people etc. Thats why I called the lawyer so they can deal with it. I simply want(ed) a proper report filed "in case", Know what I mean?? But no way am I dealing with abusive tones, attacks, blame or ignorance. I don't need the stress and won't put up with it. I know they'd have bullied me and tried to trample on me had I decided to go in on my own to do a report, given how this guy was in the call.

    The ridiculous thing is that he never did have the security guy call to set a time to do the report. That's so insane of him. I figure he's hoping I'm intimidated by the phone call and what he said, and won't follow through if I don't get a call to come in for a appointment. yet how irresponsible in terms of protecting the holding company that owns the mall! I mean, say I was badly hurt or I don't heal and have long term issues. How would it look in the court process for them to handle it how this guy did, and then not call to set up the time to do a report? They are not so smart!

    easy child is home from school and weirdly, the side she fell on and hurt last night is feeling better today. But she didnt' realize until this morning she pulled the other side too. It is what hurts today. Knot in her neck and throbbing in her shoulder. I know it will be okay with her, but I need the report done to safeguard her as well if say tomorrow its worse and so on. We all know you can't know until time passes if you're healing right or have more problems than you thought.
  10. susiestar

    susiestar Roll With It

    I am SO SORRY about your fall!!! It is clear that the mgmt of the mall KNOWS they are at fault and that is why they have been so nasty! You are right that some mgmt idiot thinks he can intimidate you with his nastiness!!

    In most cases I am NOT inclined to sue anyone, but with the way they are acting you need to consider it. If nothing else, a sizable settlement will ensure that future incidents are handled more appropriately. Given your other health issues, I would NOT agree to ANYTHING until you and easy child are completely healed. She may need physical therapy to help the muscles heal properly and you are certain to need it for quite a while. It is also a good idea to at least speak with a therapist to help you cope with the pain - they can do a lot to help and few people think about it.

    easy child is hurting on the other side because her body overworked the non-hurt side to take it easy on the hurt side. It is expected with injuries on only one side that this will happen, at least every chiro, PT and ortho doctor I have ever seen has said so.

    Please consider suing - there is little chance the mall would take it to court as it will be LOTS easier to settle, and it might be a nice nest egg to put up for the future, plus you will have some expenses from this like dinners that you get from a restaurant or easy to cook things so that you can rest, plus the extra stress on the family, the cost of clothing torn by the fall, etc... You may even have to get special shoes if your legs and feet are as bad as it sounds, and even clothing that is easy to get on and off may be needed. There is NO reason that you should pay these costs, this is exactly why the mall has insurance. I am NOT the type of person who files lawsuits, but in the case where the mall people treated you SO badly at the time AND the next day, well, they need to learn a lesson. Accepting a settlement is NOT wrong and it may mean the ins co forces the mall to put in better safeguards so that others don't get hurt. Imagine how bad it would have been if your cousin fell, or a little old person with brittle bones fell!! With the way the mgmt acted who knows if they would have gotten help or laid in the snow for an hour until someone found them!!! That could have happened to you and easy child!

    Be SURE to get a statement of some kind from the taxi driver - let the lawyer chase it down. It will be another voice on your side as I am sure the taxi driver would make a statement. However, if the mall people find him first they might try to pay him to say something different.

    Sending LOTS of healing vibes to you and easy child.
  11. Mattsmom277

    Mattsmom277 Active Member

    The manager of the taxi stand is calling the morning so we can arrange for the driver to write a statement that he drove us, that he heard me scream and found me on the ground and saw easy child getting up and helped her then me over to where the doors where. I couldn't have got there without his help as i was too shaken and whatnot. We stood outside for several minutes after for me to shake off the trembling and comprehend what hurt what didn't, etc. I was just really just shaken not only physically but on a mental level. I know the driver from frequenting a small nearby cab stand, they all know us and our address. I'm not at all worried about his signing a statement. He also saw there was no salt or sand on the road.
    There is also a tunnel there to a bus station (greyhound) and they have a camera in that spot due to the entance to the tunnel. They are copying the tape of the fall, it also shows the taxi driver etc. So no worries again that his statement could change or not be forthcoming. Glad for all of these things.

    easy child is gone to a concert my cousins son has tonight at his school, he's in the jazz band. Their annual christmas concert. I can't believe I'm missing it! Anyhow my cousin and aunt picked up easy child because she was crushed and didn't want to miss the concert. I had to put Aspercreme on her neck because she was crying putting on her coat. THe strain is coming out more with her my poor girl, my heart hurts! I'll have her in to the doctor in the morning for sure. :(
  12. cmfout

    cmfout Guest

    My elderly mom fell outside of a store last year. It's been 14 months and still nothing from them, even though she was injured and had to be transported to the hospital. Her left wrist was broken in the fall and still causes her problems. We ended up having to go the lawyer route too, and even then all we've gotten is her ambulance and hospital stay covered for that day - none of the ongoing problems have been covered at all. I hope it goes much better for you than it has for her!
  13. katya02

    katya02 Solace

    I'm SO sorry to hear about your fall MM, and then to be treated like that by the mall management ... I know stores do get false
    reports of slip and falls, but that doesn't mean every report is false. These guys need to change their attitude and work on the
    customer service. I'm glad there are tapes of the taxi stand and you'll have your ER records, so I hope you'll get some satisfaction.
    It's so frustrating to be treated that way when you're only making a report and not planning to sue - you end up wanting to sue!

    I hope you and easy child feel better very soon.
  14. svengandhi

    svengandhi Well-Known Member

    Make sure your letter gets a copy of the transcript of your call with them if it was taped.

    I defend this type of case and, sadly, there are many fakers out there. There was one guy who was caught on camera sprinkling some kind of powder on the ground and into his pants leg and claiming he fell there. The guy who claimed he couldn't lift his shoulder and was videotaped cheering on his team at a public game, the guy who said he could barely walk and was taped vaulting a four foot high stone wall at the beach, the guy who claimed he couldn't bend and was videotaped bending over cleaning the interior of his sports car and the one I just watched yesterday - a woman who claims her broken ankle makes her hobble and use a cane. We taped her leaving her doctor's office, cane over her arm and running across the street.

    However, the rudeness you encountered would not be countenanced at my company.

    I am glad you hired an attorney. Good luck to you and I hope you feel better.
  15. Mattsmom277

    Mattsmom277 Active Member

    I never understood those that make this stuff up. Any sensible claims company would monitor the person and truly, who on earth can fake long term without doing something to give themselves away? I get so ticked thinking of this all tonight, because the attitude I received? probably a direct reflection of instinctual response due to previous fraudulent claims. Suddenly they see everybody as the bad guy, so to speak. It especially irks me because my intent was truly to just have a report on file there to document things and no desire for action legally unless I don't heal given enough time to do so. Even having a lawyer now does not reflect a desire to sue or force a settlement or anything of the sort. It simply reflects a need to get a report filed without harassment or abuse from the management or the legal team they employ etc. Starting out in a place of knowing they are in the wrong and being not only adversarial (even after I stated I had not asked them for anything EXCEPT to let me file a incident report) but also so ignorant, well that would put anybodies back up!