Legal Question in Personal Injury in Indiana

Restaurant design negligence

I recieved injuries to two of my fingers on my left hand while attempting to enter the restroom at a local fast food vendor.The design of the restroom placed the commodal privacy door in close proximity to the entrance door,causing the entrance door to strike the edge of the commodal door when it is left ajar.Since this cannot be seen when pushing the door inward it constitutes a hidden hazard.The entrance door has only a push plate,and is hinged on the right side.As I pushed to enter my hand slid slightly on the push plate, and allowed my fingers to extend around to the inside of the door.The door struck the edge of the inner door,and two of my fingers were crushed.I am asking if the restaurant could be found negligent in the design of the restroom,and can I ask for a ''strict judgment''in court.There was no posted warnings of existing potential danger.I was not contributory negligent,because I could not see the danger.I proceeded in a safe attentive manner,but still suffered injury to my fingers.I feel that I should have the right to recover medical costs,and punitive damages.

Asked on 8/25/04, 8:40 pm

1 Answer from Attorneys

John Cook Dunn & Cook

Re: Restaurant design negligence

Yes, I would say based on the facts presented in your e-mail that you have a cause of action against the restaurant. However, your damages may be limited. For example, are your medical bills being paid by your health insurance company? Also, did you lose any time off from work? Is there any permanent physical impairment or disfigurement to your fingers?

If the only injury is soft tissue damage that causes some pain and discomfort, then your damages will be extremely limited. You need to factor these items into your analysis and then go see a personal injury attorney.

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Answered on 8/26/04, 11:43 am

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