Tort of Negligence
When I was out shopping with my friend at a shopping mall last year, the glass door of the mall suddenly closed and injured my right arm. The mall’s management then sent me to the clinic in their premises and my arm had to be bandaged.
Apparently, there was a hairline fracture. The clinic then sent me for a full medical checkup where I was told that I would not be able to work for 1 week. The company did not acknowledge my MC and accorded me with a 1 week unpaid leave. I tried to claim insurance for wages lost during the week through the mall’s insurance company but was rejected as the injury was not ‘permanent’. How should I go about with this? I have all the documents.
There are several issues that you can consider when suing for negligence. The first is on Duty of Care. This revolves around the issue of whether the company had taken precautionary steps to prevent the incident from happening. The second issue is Causation which deals with whether the restaurant was actually responsible for causing the incident and the third is damages which deals with how you suffered because of the incident.
Typically, your case can be classified as negligence and the best thing to do is to engage a lawyer and sue the shopping mall. Take note that this must be done within 6 years of the date of the incident where you should be able to claim for medical charges, loss of income and other damages. You should inform the mall’s management that you will bring in the lawyer beforehand as they might want to settle it without the complications.
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