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Is the restaurant liable in any way for injury to my daughter

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Daughter in a restaurant in Texas last night having dinner.Some guy who was annoyed with the staff goes outside finds a rock and proceeds to throw it at the window shattering the glass.Daughter sustains lacerations to her ear.Ambulance and police turn up tend to her and they take reports,in the meantime the guy has run off.
So the question is,is the restaurant liable in any way for what happened?

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Isn't that because the diamond ring is specifically excluded from the standard property coverage (due to value?)?  Gener... (more)

Glitch99 (Jul. 11, 2017 @ 7:59a) |

everyone saying the restaurant is not liable must know, with absolute certainty, the following:

  • that the restaurant a... (more)

crabbing (Jul. 13, 2017 @ 10:19a) |

Most likely the restaurant leases the premises so the first 2 are out of their control. The idea that their window treat... (more)

atikovi (Jul. 13, 2017 @ 10:29a) |

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Probably not, unless you can prove they were negligent somehow. Your case is against the guy who threw the rock. Hopefully you have health insurance.

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Did you incur any actual expenses?  That is, will you be getting a bill from the ambulance service or any other medical provider?  If so, I think I'd pursue a claim with the restaurant for your out of pocket costs.  If it is a chain establishment, call the corporate office and get in touch with their loss mitigation department.  If it is a local restaurant, ask them to provide the contact information for their insurer.

If you didn't incur any out of pocket costs, this doesn't sound like something that will get any kind of settlement (that is, unless you're downplaying the seriousness of her injury).

Oh, and I hope you weren't charged for dinner.

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Yeah. While you're unlikely to win in court, maybe they'll offer up something just to placate you. Couldn't hurt to ask. I'm assuming 'some guy' was a patron, not staff. If he was a staff member, than it's all different.

If you have medical bills, your insurer might subrogate the claim and go after the restaurant.

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I do have health insurance but the ambulance people did not ask for proof.And they did refund the cost of her dinner.
Thanks for your replies

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I don't think tx would have joint and several liability i

https://en.m.wikipedia.org/wiki/Joint_and_several_liability

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dcwilbur said:    I think I'd pursue a claim with the restaurant for your out of pocket costs.  If it is a chain establishment, call the corporate office and get in touch with their loss mitigation department.  If it is a local restaurant, ask them to provide the contact information for their insurer.
 

  Yea, go after the deep pockets, even if they had nothing to do with it. Jury will find in restaurants favor but the restaurant will have thousands in legal bills. No wonder business insurance is so high.

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atikovi said:   
dcwilbur said:    I think I'd pursue a claim with the restaurant for your out of pocket costs.  If it is a chain establishment, call the corporate office and get in touch with their loss mitigation department.  If it is a local restaurant, ask them to provide the contact information for their insurer.
  Yea, go after the deep pockets, even if they had nothing to do with it.

  thats that point of joint and several liability
Joint and several liability is premised on the theory that the defendants are in the best position to apportion damages amongst themselves. Once liability has been established and damages awarded, the defendants are free to litigate amongst themselves to better divide liability. The plaintiff no longer needs to be involved in the litigation and can avoid the cost of continuing litigation.

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Was it Chipotle? If their food makes you sick, they won't even pay your hospital bills.

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qcumber98 said:   Was it Chipotle? If their food makes you sick, they won't even pay your hospital bills.
  But if he says it was a Dairy Queen, you'll have a cow.

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TravelerMSY said:   Yeah. While you're unlikely to win in court, maybe they'll offer up something just to placate you. Couldn't hurt to ask. I'm assuming 'some guy' was a patron, not staff. If he was a staff member, than it's all different.

If you have medical bills, your insurer might subrogate the claim and go after the restaurant.

  It's called "medical payments" coverage, typically with a $5-$10k limit.  They'll pay your medical bills (or offer some sort of settlement) under that coverage, regardless of liability. It's virtually guaranteed, unless they dispute that the incident ever occurred.

Definitely contact the restaurant to file a claim.

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atikovi said:   
qcumber98 said:   Was it Chipotle? If their food makes you sick, they won't even pay your hospital bills.
  But if he says it was a Dairy Queen, you'll have a cow.

Burger king, then instead OP has a cow.  

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atikovi said:   
qcumber98 said:   Was it Chipotle? If their food makes you sick, they won't even pay your hospital bills.
  But if he says it was a Dairy Queen, you'll have a cow.

  I'm lactose intolerant so I won't stand for dairy.

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slcbrit said:   
So the question is,is the restaurant liable in any way for what happened?
 

  I believe it's somewhat common for large chains to have insurance policies that automatically honor any injury claim below a certain (usually small 4 figure) threshold. You have nothing to lose by sending the restaurant (and corporate HQ) any bills and seeing what happens.

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Only thing I could think of is was the glass the right type required by local building code. Some windows are required to be safety glass(usually windows that go below a specific height on upper floors) and some are required to be tempered glass that will shatter into small reletively harmless pieces.

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Above: large amounts of advice from folks who don't know what they are talking about.

CONSULT A LOCAL LAWYER.

 

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They may or may not be liable in any way at all.  I don't recommend it, but if you file a suit, they are likely to settle for some amount.  America and lawyers in the 21st century.

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Not a lawyer, but to the best of my knowledge, if you were cut by glass in a shop, restaurant or another public place, liability lies with the person responsible for your safety at that time, which is usually the owner or manager of the venue. Whatever the circumstances surrounding your injury, if it was caused by somebody else’s negligence, you are entitled to make a claim for compensation.    

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MrKlick said:   Above: large amounts of advice from folks who don't know what they are talking about.

CONSULT A LOCAL LAWYER.

 

  While this is almost always good advice, in this case if his daughter wasn't really that injured and the medical bills weren't high I seriously doubt any lawyer will take this.  Couldn't hurt to write a demand letter to the restaurant, if they have insurance the may offer a nuisance settlement.

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jman220 said:   
MrKlick said:   Above: large amounts of advice from folks who don't know what they are talking about.

CONSULT A LOCAL LAWYER.

 

  While this is almost always good advice, in this case if his daughter wasn't really that injured and the medical bills weren't high I seriously doubt any lawyer will take this.  Couldn't hurt to write a demand letter to the restaurant, if they have insurance the may offer a nuisance settlement.

  A demand letter?  Really?  Just call them up and ask for their insurance info so that you can submit a claim.  No need to get aggressive, especially from the start.

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BADADVICE said:   
slcbrit said:   
So the question is,is the restaurant liable in any way for what happened?

  I believe it's somewhat common for large chains to have insurance policies that automatically honor any injury claim below a certain (usually small 4 figure) threshold. You have nothing to lose by sending the restaurant (and corporate HQ) any bills and seeing what happens.

  Your homeowner's insurance has the exact same coverage.

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Aurianne said:   Not a lawyer, but to the best of my knowledge, if you were cut by glass in a shop, restaurant or another public place, liability lies with the person responsible for your safety at that time, which is usually the owner or manager of the venue. Whatever the circumstances surrounding your injury, if it was caused by somebody else’s negligence, you are entitled to make a claim for compensation.    
  The negligence was on the part of the person who threw the rock.    

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atikovi said:   
dcwilbur said:    I think I'd pursue a claim with the restaurant for your out of pocket costs.  If it is a chain establishment, call the corporate office and get in touch with their loss mitigation department.  If it is a local restaurant, ask them to provide the contact information for their insurer.
  Yea, go after the deep pockets, even if they had nothing to do with it. Jury will find in restaurants favor but the restaurant will have thousands in legal bills. No wonder business insurance is so high.

Who said anything about deep pockets or juries or going after anyone?  I said to file a claim for out of pocket costs.  This is likely to be a five minute phone conversation followed by an email to send them a copy of the bill.  They are going to send him a release to sign and cut him a check for the amount of the bill.  Don't mischaracterize what I said.  

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Since this was an ear injury will there be a court hearing?

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dcwilbur said:   
atikovi said:   
dcwilbur said:    I think I'd pursue a claim with the restaurant for your out of pocket costs.  If it is a chain establishment, call the corporate office and get in touch with their loss mitigation department.  If it is a local restaurant, ask them to provide the contact information for their insurer.
  Yea, go after the deep pockets, even if they had nothing to do with it. Jury will find in restaurants favor but the restaurant will have thousands in legal bills. No wonder business insurance is so high.

Who said anything about deep pockets or juries or going after anyone?  I said to file a claim for out of pocket costs.  This is likely to be a five minute phone conversation followed by an email to send them a copy of the bill.  They are going to send him a release to sign and cut him a check for the amount of the bill.  Don't mischaracterize what I said.  

 You didn't say to go after the perp if they find him, you said go after the restaurant. Besides the fact that the perp is probably untouchable, people in this country just assume that because it is a business they are loaded or have plenty of insurance.  Why would the restaurant be liable for ANY costs, out of pocket or in pocket?

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Even though restaurant was not negligent and it is not their fault, their liability insurance should cover it.

Instead of a guy throwing a rock, if there was hail hitting the glass causing injury or fire, they are liable right.
I am not a lawyer, but would think any injury while you are in their premises, implies they are liable.
In turn the restaurant can sue the guy hitting the rock.

However, thank god your daughter is not seriously injured and would recover quick. If bills are more than what you can handle, then check with owner/corp of restaurant.
What if the same would have happened while riding a bike or walking across the street or eating from a street vendor.
You would not have anybody to go after, right?
 

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DealsBrokeMe said:   
Instead of a guy throwing a rock, if there was hail hitting the glass causing injury or fire, they are liable right.
I am not a lawyer, but would think any injury while you are in their premises, implies they are liable.
In turn the restaurant can sue the guy hitting the rock.

  Sue the manufacturer of the rock. IANYL

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DealsBrokeMe said:   Even though restaurant was not negligent and it is not their fault, their liability insurance should cover it.

Instead of a guy throwing a rock, if there was hail hitting the glass causing injury or fire, they are liable right.
I am not a lawyer, but would think any injury while you are in their premises, implies they are liable.
In turn the restaurant can sue the guy hitting the rock.

However, thank god your daughter is not seriously injured and would recover quick. If bills are more than what you can handle, then check with owner/corp of restaurant.
What if the same would have happened while riding a bike or walking across the street or eating from a street vendor.
You would not have anybody to go after, right?

  You couldn't be further from the truth.  Just because insurance companies pay people off to make them go away doesn't mean the business is liable.  In most cases it's simply a business decision of payoff cost .vs the cost of defending.  How was the resteraunt in any way negligent here?  
 

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drodge said:   DealsBrokeMe said:   Even though restaurant was not negligent and it is not their fault, their liability insurance should cover it.

Instead of a guy throwing a rock, if there was hail hitting the glass causing injury or fire, they are liable right.
I am not a lawyer, but would think any injury while you are in their premises, implies they are liable.
In turn the restaurant can sue the guy hitting the rock.

However, thank god your daughter is not seriously injured and would recover quick. If bills are more than what you can handle, then check with owner/corp of restaurant.
What if the same would have happened while riding a bike or walking across the street or eating from a street vendor.
You would not have anybody to go after, right?

  You couldn't be further from the truth.  Just because insurance companies pay people off to make them go away doesn't mean the business is liable.  In most cases it's simply a business decision of payoff cost .vs the cost of defending.  How was the resteraunt in any way negligent here?  
 

Who knows? That's why insurance companies investigate - to establish liability. But if you never file a claim, you damn sure won't find out.

My $.02 - I would imagine a front window at a business would have to be tempered to meet code. Tempered glass typically won't shatter into pieces - that's the whole point of it.

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So sorry, hope she is ok now. Hopefully karma will catch up to the ahole.

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solarUS said:   
 Tempered glass typically won't shatter into pieces - that's the whole point of it.

  Actually it will. That IS the whole point of it so it breaks into small pieces instead of large sharp shards that could cause stab wounds.

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solarUS said:   
drodge said:   
DealsBrokeMe said:   Even though restaurant was not negligent and it is not their fault, their liability insurance should cover it.

Instead of a guy throwing a rock, if there was hail hitting the glass causing injury or fire, they are liable right.
I am not a lawyer, but would think any injury while you are in their premises, implies they are liable.
In turn the restaurant can sue the guy hitting the rock.

However, thank god your daughter is not seriously injured and would recover quick. If bills are more than what you can handle, then check with owner/corp of restaurant.
What if the same would have happened while riding a bike or walking across the street or eating from a street vendor.
You would not have anybody to go after, right?

  You couldn't be further from the truth.  Just because insurance companies pay people off to make them go away doesn't mean the business is liable.  In most cases it's simply a business decision of payoff cost .vs the cost of defending.  How was the resteraunt in any way negligent here?  

Who knows? That's why insurance companies investigate - to establish liability. But if you never file a claim, you damn sure won't find out.

My $.02 - I would imagine a front window at a business would have to be tempered to meet code. Tempered glass typically won't shatter into pieces - that's the whole point of it.

  Last time - liability is irrelevant for a medical payments claim, which virtually every business and homeowners (and some auto) policy includes.  Only after the $5-10k limit (although it could potentially be as low as $1k) is exhausted does the higher liability coverage kick in, at which point the details and cause of the accident and fault comes into play.  The only "defending" the insurance company will do is if they think the entire claim is fabricated.

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Crazytree said:   
DealsBrokeMe said:   
Instead of a guy throwing a rock, if there was hail hitting the glass causing injury or fire, they are liable right.
I am not a lawyer, but would think any injury while you are in their premises, implies they are liable.
In turn the restaurant can sue the guy hitting the rock.

  Sue the manufacturer of the rock. IANYL

  Rocks don't break glass. People break glass.

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RidicuRuss said:   
Crazytree said:   
DealsBrokeMe said:   
Instead of a guy throwing a rock, if there was hail hitting the glass causing injury or fire, they are liable right.
I am not a lawyer, but would think any injury while you are in their premises, implies they are liable.
In turn the restaurant can sue the guy hitting the rock.

  Sue the manufacturer of the rock. IANYL

  Rocks don't break glass. People break glass.

Not in Rock Free Zones!  

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Glitch99 said:   
  Last time - liability is irrelevant for a medical payments claim, which virtually every business and homeowners (and some auto) policy includes.  Only after the $5-10k limit (although it could potentially be as low as $1k) is exhausted does the higher liability coverage kick in, at which point the details and cause of the accident and fault comes into play.  The only "defending" the insurance company will do is if they think the entire claim is fabricated.

  So why doesn't OP claim it on THEIR homeowners policy?

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cheezedawg said:   
RidicuRuss said:   
Crazytree said:   
DealsBrokeMe said:   
Instead of a guy throwing a rock, if there was hail hitting the glass causing injury or fire, they are liable right.
I am not a lawyer, but would think any injury while you are in their premises, implies they are liable.
In turn the restaurant can sue the guy hitting the rock.

  Sue the manufacturer of the rock. IANYL

  Rocks don't break glass. People break glass.

Not in Rock Free Zones!  

  No ROCK is ILLEGAL!

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atikovi said:   
Glitch99 said:   
  Last time - liability is irrelevant for a medical payments claim, which virtually every business and homeowners (and some auto) policy includes.  Only after the $5-10k limit (although it could potentially be as low as $1k) is exhausted does the higher liability coverage kick in, at which point the details and cause of the accident and fault comes into play.  The only "defending" the insurance company will do is if they think the entire claim is fabricated.

  So why doesn't OP claim it on THEIR homeowners policy?

  Because it didn't happen on their property?

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Was there even any medical bills?
It sounds like the person got a cut. The ambulance came and put a band-aid on it.
They also got a free meal, which I hope they didn't eat the food which may of had broken glass in it!!

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Crazytree said:   
DealsBrokeMe said:   
Instead of a guy throwing a rock, if there was hail hitting the glass causing injury or fire, they are liable right.
I am not a lawyer, but would think any injury while you are in their premises, implies they are liable.
In turn the restaurant can sue the guy hitting the rock.

  Sue the manufacturer of the rock. IANYL

  Pretty sure God is judgement proof. 

Skipping 15 Messages...
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crabbing said:   everyone saying the restaurant is not liable must know, with absolute certainty, the following:

  • that the restaurant adhered to building code standards governing the placement and construction of the windows (e.g., the windows were not too large or otherwise designed to be withstand foreseeable impacts from wind or thrown objects);
  • that the restaurant adhered to all building and safety requirements governing the type of glass used in the windows (i.e., not prone to excessive breakage);
  • that the restaurant used all applicable window treatments to reduce the risk of glass falling onto patrons (e.g., transparent film on the glass, or curtains/blinds hung properly);
  • that the restaurant used reasonable care in seating patrons in places to avoid known or likely risks;


  Most likely the restaurant leases the premises so the first 2 are out of their control. The idea that their window treatments could affect their liability is ludicrous as is the seating. Who expects a rock to be thrown through the window such that the restaurant would be liable if they have a table by the window?  

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