I was sitting on the toilet at a McDonalds when a 15" Diameter x 5" Depth Stainless Steel toilet paper dispensor mounted on wall at 42" from floor 57" to top (maybe not ADA) which is what hit my head causing laceration and diagnosed wiith a concussion at hte emergency room (cat scan) and by my personal doctor. The dispensor flipped down because the fastening device was not secured after refill of new roll of paper, the 2 managers and the maintenace man tried to secure it but rhe maintenance man said he was having difficulty getting it to lock and it was not previously locked. The dispensor was hinged on the bottom causing a full force impact on my forehead. I filled out a brief incident repoet and the manager said their insurance company will be calling me. It has been 4 days and no call y
If you still have symptoms you need to continue to seek medical attention. As for the value of the claim, there really is no way to assess that until you have reached maximum medical improvement. Further, if you have continuing problems you really should consider hiring an attorney. Negotiating with an insurance company puts you at a distinct disadvantage. You really should have experienced representation. Good luck to you.
At this time you should make sure you are following your doctor's orders regarding medical treatment to make sure you get the care you need to get better. As for dealing with McDonalds I recommend you contact a personal injury lawyer in your area to discuss your case. Your are far more likely to get a faster respone from McDonalds if you have a lawyer helping you with your case.
Cheryl A. Wulf
Cheryl Wulf and Associates
11211 Katy Freeway, Suite 310
Houston, Texas 77079
(832) 426-4326
www.wulf-law.com
If you wait for McDonald's insurance company to contact you, the time limits to file a claim shall have lapsed and you will be an older person than you are at this moment.
The insurance question aside, in Texas, the set of circumstances you describe would not normally be expected to have a very successful result, either by trial or settlement. Your own conduct would be subject to examination and compared to any conduct by McDonald personnel (or even their builder), if the paper dispenser was not ADA.
I am sorry to inform you that, with the current ultra-conservative atmosphere in Texas courts and with Texas jurors, whether or not the dispenser is ADA, you might not expect much from your claim, regardless of the extent of your injuries, which is the first thing to which you should attend with qualified medical personnel.
To have ANY chance in this circumstance, you will need an experienced attorney.
At any rate, good luck. I'm afraid that you will need it.
Sorry, but these facts cause me some issues. Regardless, you should immediately get the care and treatment you need, and contact a local and qualified personal injury attorney. Do not wait for MacDonalds, and if they do contact you, do not speak with them.
