I injury at Raglan Road

[Chi84]

Thank you for this interesting context. Could you please clarify the basis for the bolded statement? Why would it be Raglan Road's responsibility if a customer simply slipped without any external factors causing them to do so?

No. The customer would have to prove negligence on the part of the restaurant. It’s a difficult claim to prove as far as the legal elements are concerned.

But there is a difference between what the law requires and what insurance companies may agree to settle. Please be aware that not all claims or insurance companies are the same. Some will write checks to avoid “nuisance suits” on baseless claims and others will fight those claims.

 

[LittleBuford]

No. The customer would have to prove negligence on the part of the restaurant.

But there is a difference between what the law requires and what insurance companies may agree to settle. Please be aware that not all claims or insurance companies are the same. Some will write checks to avoid “nuisance suits” on baseless claims and others will pay out to settle those claims.

Thank you. This accords with the final part of @mkt's follow-up response. It seems the way to go in such instances is to try to involve the establishment's insurance company rather than a lawyer.

 

[mkt]

No. The customer would have to prove negligence on the part of the restaurant. It’s a difficult claim to prove as far as the legal elements are concerned.

But there is a difference between what the law requires and what insurance companies may agree to settle. Please be aware that not all claims or insurance companies are the same. Some will write checks to avoid “nuisance suits” on baseless claims and others will fight those claims.

With how shortstaffed the insurance industry is right now, they’ll likely pay because they don’t have the time or resources to fight a nuisance suit. There’s always things to think about beyond what’s obvious.

 

[mkt]

Thank you. This accords with the final part of @mkt's follow-up response. It seems the way to go in such instances is to try to involve the establishment's insurance company rather than a lawyer.

An attorney should always be the last resort. And I say this as somebody who counts on an attorney salary for a large part of their household income.

 

[Chi84]

With how shortstaffed the insurance industry is right now, they’ll likely pay because they don’t have the time or resources to fight a nuisance suit. There’s always things to think about beyond what’s obvious.

I just don’t want people to get the idea that there are big insurance payouts anytime someone slips and falls in a restaurant or claims food poisoning or whatever. That’s just not true.

 

[mkt]

I just don’t want people to get the idea that there are big insurance payouts anytime someone slips and falls in a restaurant or claims food poisoning or whatever. That’s just not true.

Exactly, they’ll be paid out to the limit of the policy at the most, usually a lot less. They’ll be made whole, but they won’t retire off of it.

 

[RED SONYA]

Did you contact Disney security to see if they had a record of it ? Does Raglan Road have a record of the event? Without any documentation/verification, it's sadly in the realm of hearsay.

• Police Reports. After an accident, you should obtain copies of the police report made at the scene. ...
• Medical Records. ...
• Receipts. ...
• Photos. ...
• Medical Bills. ...
• Pay Stubs. ...
• Damages.

I have receipts at Raglan Road, as well as a voice mail from the mgr after he took my son's phone number, medical record including an EMS , receipt from my visit that night.

I thought reporting the accident to the restaurant would be more for the purpose of officially notifying them to contact their insurer to start the ball rolling on a potential claim. In any event, OP hasn't checked back so they've probably figured out what they're going to do by now.

I just received a form from Cigna asking for the commercial property's insurance information. I don't know who to list. I cannot get to anyone! I only know my neck is broken, I am in a LOT of pain with no assurance the halo will work. HELP me navigate this mess if you have the expertise. I am a newly retired school teacher and am not interested in a big settlement from anyone.

 

[Chi84]

Exactly, they’ll be paid out to the limit of the policy at the most, usually a lot less. They’ll be made whole, but they won’t retire off of it.

They often don’t get anything. Not all insurance companies are eager to pay out on baseless claims, notwithstanding your personal experiences.

 

[Chi84]

I have receipts at Raglan Road, as well as a voice mail from the mgr after he took my son's phone number, medical record including an EMS , receipt from my visit that night.

I just received a form from Cigna asking for the commercial property's insurance information. I don't know who to list. I cannot get to anyone! I only know my neck is broken, I am in a LOT of pain with no assurance the halo will work. HELP me navigate this mess if you have the expertise. I am a newly retired school teacher and am not interested in a big settlement from anyone.

If you’re going through your own medical insurance, Cigna is likely asking for Raglan’s insurance information for subrogation purposes. Raglan should have reported this to its own liability insurer and Cigna also should be working to get that information in addition to asking you for it. But all this is just speculation on a public Disney forum. It’s really not the right place to come for this type of advice.

 

[mkt]

They often don’t get anything. Not all insurance companies are eager to pay out on baseless claims, notwithstanding your personal experiences.

Fair. I’m just going by what I’ve seen in times of short staffing.

 

[Club Cooloholic]

Their question was "Who do I report this to at Disney?"; this forum seems as good a place as any to ask it. They were not seeking legal advice.

You are right, and regardless of if they were legit or not, I guess this has been an informative thread non the less.

 

[larryz]

In any event, OP hasn't checked back so they've probably figured out what they're going to do by now.

If they DID contact a lawyer, the first words out of their mouth would be "Quit blogging about this."

 

[Chi84]

If they DID contact a lawyer, the first words out of their mouth would be "Quit blogging about this."

No kidding. But I totally understand the frustration, especially at the beginning of the process.

 

[esskay]

when I turned around to see them, my foot slipped on the floor as I stepped down to stand. I fell.

Who do I report this to at Disney?

No, I have not contacted a lawyer.

Honest question, why would you need a lawyer? You had an accident - it sucks, but it happens. Doesn't sound like it was anyones fault.

If it was any other country it'd be put down to an unfortunate accident - nobody to blame, no "give me money", etc.

 

[DryerLintFan]

Honest question, why would you need a lawyer? You had an accident - it sucks, but it happens. Doesn't sound like it was anyones fault.

If it was any other country it'd be put down to an unfortunate accident - nobody to blame, no "give me money", etc.

A) you don't know why they slipped and fell. None of us do. There's no way you could possibly know if there's any fault here. Again, none of us do.

2) they're badly injured. Sounds like a broken neck. That's a lot of medical bills their insurance possibly won't cover. They did mention their recently retired though so maybe they're on Medicaid and maybe they will?

C) IF the restaurant has any fault in this (ie there was a slip hazard) then they have insurance that's specifically there to cover something like this. That's how the system is meant to work.

 

[esskay]

2) they're badly injured. Sounds like a broken neck. That's a lot of medical bills their insurance possibly won't cover. They did mention their recently retired though so maybe they're on Medicaid and maybe they will?

Yep, I was forgetting having to pay out of your own pocket for healthcare was a thing in the US

 

[Lilofan]

Yep, I was forgetting having to pay out of your own pocket for healthcare was a thing in the US

We don't have it as good as in Canada. its a foreign term to Canadians when USA healthcare has to select doctors in network and the more expensive out of network doctors.

 

[BASS]

Despite what is in the news, negligence cases are hard to prove and seldom get very far. The burden is on the plaintiff to prove negligence, not on Raglan to refute it, and it’s a heavy burden to meet.

I am a Florida attorney. Other than your statement that the burden is on the Plaintiff to prove negligence, the remainder of your post is entirely and completely inaccurate.

 

[Lilofan]

I am a Florida attorney. Other than your statement that the burden is on the Plaintiff to prove negligence, the remainder of your post is entirely and completely inaccurate.

If negligent then the lawyer will build the plaintiff's case to look and collect that payout.

 

[DryerLintFan]

We don't have it as good as in Canada. its a foreign term to Canadians when USA healthcare has to select doctors in network and the more expensive out of network doctors.

It's not just the doctors though. Especially with things like this. They really really get you. For example, after my stroke I went to an ER that was in network and saw a stroke neurologist that was in network. So stupid me thought it would all be in network. But I didn't account for one nurse that took my blood pressure was visiting from a different hospital and she was out of network, and the guy that administered the contrast for my scan was also out of network. And btw the hospital had two labs they could run my blood through ON SITE and one was in network and the other was out of network.