Curly Sue wrote:
> On Sat, 27 Aug 2005 10:10:16 -0500, zxcvbob >
> wrote:
>
> >Curly Sue wrote:
> >> On Sat, 27 Aug 2005 08:58:06 -0500, "jmcquown"
> >> > wrote:
> >>
> >>
> >>>Heh. Was going to the store to buy cigarettes (yes, folks, cigarettes, but
> >>>this isn't about that). The man at the store could be a twin to Chatty
> >>>Cathy. So there's a man backed up against the door, trying to get away from
> >>>this guy without being rude. I tapped on the door and he practically fell
> >>>through it getting it open. The door scraped my foot and now I have a
> >>>scrape and a bruise.
> >>>
> >>>Questions:
> >>>Do I sue the customer for leaning against the door?
> >>>Do I sue the shop employee for chatting the man up to the point he was
> >>>desperate to escape?
> >>>Do I sue the owner of the store for hiring this guy who won't shut up?
> >>>Do I sue the tobacco company for making the cigarettes because now my foot
> >>>is bruised when I went to the store?
> >>>Do I sue the company that made the door that opened on my foot and scraped
> >>>and bruised it?
> >>>
> >>>Or, should I just go make some steaming hot mashed potatoes and have a cup
> >>>of 180 degree coffee to go with? <G>
> >>
> >>
> >> Let's change the scenario a little. You tap on the door, the guy
> >> trips and falls through the glass. A shard of glass slices 1/2" off
> >> your nose. You get skin grafts to cover up the wound and endure a
> >> week of pain and weeks of swollen nose. Then the bandages come off.
> >> Your nose works fine, air goes in, air goes out, no medical problem
> >> there. But you don't like the way it looks, kind of short and flat at
> >> the end with red scar tissue, or the stares.
> >>
> >> Oh well, it's nobody's fault, after all you were impatient and tapped
> >> on the glass, so you accept responsibilty and spring for $50k medical
> >> expenses and cosmetic surgery yourself.
> >>
> >> Sue(tm)
> >> Lead me not into temptation... I can find it myself!
> >
> >
> >In that case, you file a claim with the store's insurance policy (BTW,
> >it should have been safety glass in the door.) I don't know that you'd
> >get the $50k.
> >
> >Bob
>
> What if the store is self-insured, like McDonald's?

Excellent, that's the best case scenario for the claimant/plaintif.

In any case, it
> wasn't the store's fault so the insurance company shouldn't have to
> pay!

Not having safety glass is absolutely the fault of the store
owner/operator, best to hope there's adequate insurance in force and
the business/store owner isn't on the verge of bankruptcy. If it's
McD's, Ms Shortnose will end up owning that store and five more just
like it. McD's not having proper safety glass would be gross
neglignece, the punitive award would EASILY be well over 100 million.
In fact safety glass is manditory under Federal Law. No safety glass,
no defence.

http://www.glass.org/consumer/h_glassensedoors.htm

Sheldon