I tripped in an accident in Wimpy as I entered the restaurant and knocked out three teeth on the corner of a table as I fell. I don’t remember much as I was in so much pain, although there were witnesses and my wife saw the accident. Can I claim for the accident in Wimpy?
If you want to claim compensation for an accident in Wimpy, your account of the accident is important even if you cannot remember much about exactly what happened. Your wife’s testimony as to how the accident happened will be important, and if she was able to obtain the contact details of other eye witnesses this will certainly help you to prove negligence on the part of Wimpy.
Trip hazards such as worn carpets and doormats need to be replaced in order to make the restaurant safe for diners. Wimpy has a duty of care to you to make sure that the restaurant is safe to use, and that walkways and thoroughfares are kept free from potential hazards. The problem with some claims for restaurant trip injury compensation is that the trip hazard must have been in a dangerous condition for some time. If it had recently been damaged, Wimpy may not have had sufficient opportunity to arrange for its repair or replacement. It may not be possible for an accident in Wimpy claim to be made if the doormat had only recently been damaged.
The legal defence against a compensation claim for an accident in Wimpy may be based around the size of the hazard. It could be argued that if the doormat was obviously out of place or upturned, that any reasonable person would have seen it in time and could have avoided an accident in Wimpy. Alternatively, if the chances of tripping were very low, it may be considered that the trip was simply an unfortunate accident, and that Wimpy would not be liable to pay any damages.
Due to the position of the trip hazard, it may have been very difficult for any reasonable person to spot the hazard, and it could be argued that a person entering the Wimpy restaurant would not be expected to look down while doing so. As such, you could well have a valid claim for restaurant trip injury compensation.
Since there are many factors which can affect your eligibility to make a compensation claim for an accident in Wimpy, it is strongly advisable to discuss your potential compensation claim with a restaurant trip injury compensation solicitor.