Dell & Schaefer sues restaurant and recovers settlement due to employee’s negligent actions
When the negligence of a business establishment such as a restaurant causes you to be injured, you may not know that you can sue the business. After all, if it was only an employee that caused your injuries (instead of the actual management of the store), you may think that the employee doesn’t really represent the business. Therefore, you may reason, the business really didn’t do anything wrong.
This is incorrect. If you are injured due to the negligence of an employee of a business establishment, then the business will be responsible for the employee’s negligence. This legal concept is known as vicarious liability. That is, if the negligence of an employee of a business causes injury to a patron of the business, the business will be “vicariously liable” for that negligence.
Employee Negligence Results in Neck Injury
Our client was a 50-year-old mother of two boys. At the time of her accident, our client was at a restaurant eating a meal with her husband.
As our client ate her food, a restaurant employee approached the area where our client was sitting and attempted to grab a stack of trays that was located on a stand behind our client. Unfortunately, after the employee picked up the stack of trays, he dropped the stack. Multiple trays slammed down onto our client’s neck.
Following the accident, our client was taken to a nearby emergency room. The doctors at the emergency room examined our client and determined that she had sustained a neck strain. Our client was discharged from the emergency room and told to follow up with another doctor.
Within days of the accident, our client visited the office of a local chiropractor. The chiropractor examined our client and prescribed her a strict course of chiropractic treatment. Our client began to receive chiropractic therapy multiple times a week. This lasted for multiple months.
When our client didn’t get any better, the chiropractor referred her for an MRI. Our client went and had the MRI administered, and the results revealed that our client had sustained multiple herniated discs in her neck. This explained the terrible pain that our client was experiencing in her neck.
Dell & Schaefer files a Lawsuit Against Restaurant $15,000
At first, our client didn’t consider pursuing a personal injury case. After all, it was the employee of the restaurant that caused our client to be injured – not the management of the restaurant. Since the management of the restaurant didn’t do anything wrong, our client reasoned, the restaurant couldn’t be responsible and she couldn’t sue.
Before coming to any final conclusions, however, our client decided to contact Attorneys at Dell & Schaefer. We told our client that she could pursue a case in spite of the fact that it was just a restaurant employee that injured her.
After our client understood the concept, we filed a lawsuit. We argued that the neck injury had caused terrible effects on our client’s life. She was the mother of two young boys, and she was very active in their lives. Our client’s children played sports, and our client was involved in their sports – bringing them to their games, helping them with the equipment, etc. Our client described herself as a “soccer mom.” However, for a long time after the accident, our client wasn’t able to participate in her children’s lives in the same way she did before the accident. This caused much frustration for our client.
The case against the restaurant was resolved for a confidential sum of money. Our client was very happy with the result. If you are injured by the negligence of an employee of a business establishment, contact us to discuss your options.