Is this a liability case or just one for my insurance?
February 6, 2014 6:53 AM Subscribe
Yesterday, my partner slipped and fell while dropping our kid off at preschool. Every possible option about how to handle this makes me uneasy. You're not my lawyer, but that's okay, because my question is not if I can call I lawyer (or let my insurance company do the same), but whether I want to do that...
posted by DirtyOldTown to Law & Government (36 answers total)
She was walking down a tiled hallway at my son's daycare/preschool after coming in from the snow, and her legs just went right out from underneath her and she landed on her face. She came to in a puddle of blood with a steadily bleeding nose, too disoriented to be able to get to her feet on her own. My nearly five year-old son (little champ that he is) went for help and teachers came to assist. An ambulance was called and she was taken to a nearby emergency room. A CT scan showed that while she had a concussion, she had no brain bleed. Her nose is broken badly in several places. We'll need to consult with a plastic surgeon and she was almost definitely require a corrective nose job. No stitches were needed, as the worst lacerations on her face were deep, but still not wide--less than a quarter inch. The school was very kind throughout. They filed and incident report to be thorough. And when I went back to pick up my son, they'd added "Wet Floors" signs everywhere.
Though, really, the floors weren't in particularly bad shape or anything, even when she fell. They might have been a little wet, but not more than a person would expect with eight inches of snow outside. The floors can get a bit slick there. But my partner also had on high heeled boots, which didn't help on her end.
Here's my dilemma: I know we probably can call a lawyer (or get our insurance company to do more or less the same possibly), but do I want to do that? I mean, yes, my partner fell on their property. And yes, even with insurance, this is going to present a substantial bill--ambulance ride, ER visit, plastic surgery, and all. Paying for this is going to be a significant drag on our resources, just as we were getting above water. Part of me thinks, well, this is why facilities are insured and that's just what you do.
BUT... this is a really small school, run by a really sweet lady. A hefty percentage of the kids there have their way paid by government assistance. It's not like we can just sic our lawyers on The Man and never think about it again. We'd be putting the squeeze on one, extraordinarily kind lady whose lovely, clean, well-run little preschool that caters to blue collar and low income people is practically a public service. Our kid has been going there for three years. Holding this woman and her small business liable would feel just awful.
He's set to keep going there for three more months before his grandmother comes back and spends the late spring/summer with him in advance of him starting kindergarten at public school.
So what do I do? How should I look at this? Do I just call a lawyer or maybe just contact my insurance company and explain the situation and let the people with the nice suits do what they do, because that's how it works? Or do I just say, welp, sometimes we all fall down, pay my insurance deductibles, co-pays, etc. and consider it a cost of living?