Injured at a Laundromat

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A dryer door swung open and hit me in my head so hard that I had to go to the emergency room. The dryer was overloaded with clothes and tennis shoes. At the time of my injury there were no signs up warning not to overload the dryers. I took a video recording as proof. The following week the owner put up a sign.
I am suing in small claims for wages lost. The owner said that her Insurance will contact me. What does that mean.

5 Attorney Answers

Best Answer
First and foremost, when there is any type of head injury, you want to seek the opinion of a qualified medical professional to make sure your injury is properly diagnosed and treated. A number of head injuries do not manifest right away but instead develop over time.
To answer your question, it sounds like the owner of the business is suggesting it has a premises liability insurance policy in place for these types of accidents. Please consult a qualified attorney in your area prior to talking with the alleged insurance company in order to protect your legal rights and avoid accepting an unfair settlement offer.
Businesses have liability insurance and when you sue a business they turn the lawsuit over to the insurance company who then evaluates the case and will either reach out to you to settle or decide to defend the case either grounds of liability or damages. In your case the damages of lost wages will be easy to show, so the issue is liable. I am not so sure that you can show that the owner was negligent in not having signs up, as it is common knowledge to not overload a drier. Further, even if someone overloads a drier is it forseeable that the door would swing open with such force to cause an injury? Also, if anyone should be liable it could be argued that the person that overloaded the drier and not the owner should be the proper party to sue, as the owner cannot control everything in his shop and be held accountable for every customer's stupidity. Lastly, you cannot use the photos - that is called a subsequent remedial measure putting the signs up after the fact and the public policy only favors persons fixing dangerous conditions. If a subsequent remedial measure were allowed as evidence of negligence than no one would fix anything. However, if he denies that they were his machines or that he was responsible for them, then you can enter the photos to prove responsibility and control. Best of luck you are going to need it, and depending on how much $ is at stake you should consider retaining counsel.
It means the insurer will try to take advantage of your lack of representation.
Mr. Palumbo has provided a good response. It appears that the owner notified his liability insurer that you have made a claim against the business. The owner's insurer may contact you and attempt to settle your claim. If the insurer makes a reasonable offer, you can choose to accept it and dismiss your small claims suit. If not, you can reject the offer and proceed with you lawsuit. If the insurer asks questions or requests a statement from you, you should be careful and be mindful that what you say may potentially be used against you in litigation.
It is best to contact an experienced attorney right away. The owners insurance may call you in an attempt to settle the case...they will NOT give a fair offer but try to take advantage of you. Please check out this video as it will prove helpful in answering your questions:
http://www.youtube.com/watch?v=DS0b7DZjBDY

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