| Personal injury: should I milk it?
Posted: 1/10/2009 12:44:51 AM | I was out celbrating my 39th birthday this evening (the first of many incidentally) at an old familiar watering hole. Some shots were ordered at one point, and my glass happened to have a crack in it, a detail I failed to notice until I downed my shot and noticed some blood on my glass. I don't feel it was all that serious, since it's not exactly like I was bleeding like a stuck pig or anything, but my friends were quite upset, by both the incident and my nonchalant attititude towards it.
The night manager tried to make up for it by getting my personal info, giving me $20 worth of gift certificates, and assuring me that the full-time manager would contact me the next day. Again, being a familiar place, I know the full-time manager (actually on my Facebook, etc.), I don't know that I'm entirely comfortable pursuing it further.
I'm not overtly upset by the incident, but my friends feel I should be. Do I let it go with the apologies and re-imbursement I received already, or should I try to get more out of it? More to the point, am I being too easy-going about this? | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 2:54:33 AM | It doesn't sound like that broken glass left your lip lying on the floor of the bar.
It's fair game to get reasonable compensation for any real loss you may have suffered, and for whatever it takes to make you whole again, to restore you to where you were prior to the incident. From your own words though, it doesn't sound like you've suffered any disfigurement or lasting injury. Assuming that infection doesn't set in, the bar's apologies and gift certificates seems a reasonable response to what happened.
Should you "milk it"? I guess that depends on how predatory and opportunistic you happen to be, right?
All I know is that if my friends were encouraging me to "milk it" in similar circumstances, I'd have to strongly wonder if I would ever want them to set foot in my house. After all, who knows what opportunistic compensation they might demand and/or predatory legal actions they might launch against me if they were to slip and fall in my driveway. | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 4:33:59 AM | | By taking the gift certificates you have voided all other compensation - their call to you today will only be a follow up - manditory in situations like this! Your demenor would have been witnessed - or on security cam - so how can you now say you are 'upset'!? I would take the certificates and be pleased with that! | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 5:47:33 AM | It depends on the amount of pain and sufferring you experienced. It also depends if the incident caused you any other inconveniences and/or loss of income (not able to go to work the next day).
In a sense there is nothing to "milk". If you want to get a little more compensation you may want to approach the manager and state that twenty bucks doesn't do it. The worker was negligent when not checking the glasses just as they do when they check the mouh of a beer bottle - which should be a very common practice.
The worker was negligent in his/her responsibility and that could have caused more damage. You can ask the manager for a night of free drinks and state the only reason they are getting off lightly is because you are friends/acquaintances. If it had been a total stranger this happened to you know the manager would be a bit more concerned.
Your pain and sufferring doesn't seem to be much. However, the inconvenience and the interuption of your party is something you could use to negotiate with. The fact that you are acquaintances is something the manager is also exploiting.
In the end.... ask yourself if the reward is worth the effort. | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 6:38:02 AM | | My first thought was, "did he swallow a piece of glass"? That could lead to health problems. Something to keep in mind. | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 7:16:17 AM | | I don't like drama and I don't invite it into my life. Much like you, I don't think I would have cared much and would have been happy with my $20. I say... don't change. People who persue it further, IMO, especially in Ontario where health care is free, are opportunistic. You had a very minor injury (you didn't have to miss work or anything), compensation, and you can continue to go to your favorite watering hole where you like the manager and the people. Done. | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 7:18:20 AM | YES!! By all means SUE! If they're not bombing your ancestral village or amputating the wrong limb, they're serving your tequila in chipped shot glasses. Life is an ongoing series of opportunities; one door closes and another opens! Grab the brass ring.
Okay, seriously, if you even consider wasting anyone's time with this, any judge worth his salt will chuck you out of court so fast it will make your lip start bleeding again.
But good luck with the next big slip and fall. | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 9:39:04 AM | I'm not an idiot, and by idiot I mean litigious idiot, which is how I feel about anyone who takes every little thing in front of a judge. Barring jury duty or involvement in a criminal case, you won't find me inside a courtroom. However, let no one ever say that if I wanted to go after someone that I am less than capable of doing so - let me clear up a couple misconceptions.
Neither the incident nor the compensation were recorded on camera. The only evidence they have that the $20 was given is their word, whereas I still have the cut inside my lip and several witnesses, and not just members of my party. While it is true that I was not personally upset by the incident, even to the point of trying to assuage the worries of the staff, my friends were quite concerned.
The manager I know was not on duty when the incident occurred, nor did I know this particular waitress. At one time, I knew everyone in that bar, and to this day still get invited to social gatherings by former staff. It's a good place, and when we were regulars, we'd get comped stuff all the time. I'm not unhappy about the $20 offering, but I know that if this happened a year or two ago, there probably would have been some food and a couple of pitchers of beer thrown into the mix. Probably would have gotten it even if nothing had happened simply by virtue of it being my birthday.
So the question I am asking again is, was I too easy-going about this? I mean, my reaction was more "aww, shucks, that's a little messy." If it happened to you, would you have been so unfazed, or would you have pursued it further? | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 10:11:36 AM | I am not a litigious person either. I would not pursue the matter any further myself. Shit happens. The crack wasn't spotted, and it wasn't done out of malice. It wasn't a serious injury, and life goes on. I think the whole matter should be left alone now; you were compensated, and I am assuming still had a good time. I personally would not pursue it. My friends tell me I am too easy going most of the time as well, but I don't see the point of making a mountain out of a mole hill.
And as was mentioned in a previous post, if you were to have swallowed a piece of glass and something more serious did develop, you would still be able to pursue the matter then.
By the way, happy belated birthday! | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 10:52:23 AM | | Wow is this really what the world is coming too. There is no matter, it really is not a big deal, stuff happens sometimes. You are okay. That is a horrible attitude, should i milk it. Even asking this question, shows lack of character of you and your friends for telling you to pursue it. You had a boo boo for a day on your lip no big deal Work for your money. Just morally wrong to try to screw someone like that. | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 11:02:53 AM | Personally, if something like that had happened I would have laughed it off (much you had already) as for pursuing anything further, I wouldn't. It was a complete accident. It wasn't like they intentionally gave you a chipped or broken shot glass. And besides the cut inside your lip there's no lasting effect.
Again, I'd just laugh it off and thank them for what they thought was decent retribution. You probably spent that there anyways so it was win-win for everyone. You win because they gave you something for you "pain and misery" and they won because you're satisfied at the time and probably spent it there basically giving their money back to them over time.
EDIT: also I admire too that you came on here and didn't bash the bar for their mistake or name the bar in question. That alone speaks volumes. | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 11:41:08 AM | The question should not be should you milk it. It should be "What would Chuck Norris have done?" Chuck Norris would not have had to do anything. His own drop of blood would have lept off the glass and given the Bartender a Roundhouse kick into next week, then came back lept back into Chuck's mouth and healed him back to as good as new. Chuck then himself would have held the glass up until it quivered in fear under his gaze and disintegrated itself into dust. He then would have glared at the owner until he crapped himself and signed the ownership of the bar over to Chuck. But then again Chuck is the greatest man who ever lived! LOL LOL
Alas though........ you not being Chuck you should take the $20 be more careful next time and think back to how many Beers over your lifetime you have opened that were chipped and never thought twice about drinking them. Man if I was to sue the Beer Store for everyone of those I have had, I would have been living in the Bahamas years ago! LOL | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 12:22:43 PM |
Even asking this question, shows lack of character It was a poorly chosen subject line. I wasn't in full control of my mental faculties. However, aren't you glad that I gave you yet another chance to belittle someone? I'm here for you buddy. Anytime you need to feel better about yourself, I'm your man.
Now that is character.  | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 1:29:02 PM | | So, let me get this straight. I need to feel better about myself so I put you down. That is what you are saying right. lol... Kind of funny I thought i was putting you down because you and your friends were discussing treating another human being as a target and trying to get something for a simple accident that did not cause any harm to you. Well either or, if all you took out of my comments were that i wanted to pick on someone, obviously you just don't get how bad that really sounds. So this is pointless even debating this you.. Peace and happy new years | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 3:16:25 PM | | FUNGIRLWANTED........Where can I get a WWCD (What Would Chuck Do) bumper sticker? That's fuuunny. I'll take a key chain too if you've got a line on one. Or some advice on how to change J's to C's would be good too. | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 4:09:37 PM | More to the point, am I being too easy-going about this?
Nope, you're not being too easy-going about it. You're also not being a victim over it. Bonus!Or worse, sacrificing your pride and dignity on the alter of litigious greed.
Ask yourself if you want to be the shot glass version of that woman who makes all of us roll our eyes at warnings that the hot beverage we just ordered and paid for is...who'd have guessed?...hot. It's the rare time she doesn't get ridiculed when someone notices that written on their cup. Pride of Place in the Darwin Awards....not a way to make the folks at home proud. | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 5:20:41 PM | For those who say it was an accident, I totally disagree with you. It was an injury due to negligence. When a person is injured unexpectedly, it does not arbitrarily rule as an accident. The bartenders responsibility is to check the edges of bottles and any other surface that may come in contact with a patron's mouth. Unfortunately, this simple procedure is not enforced because it's more of a bother to some employees.
It's odd how a server will check cutlery for prints and/or stain marks before setting a table yet, they disregard objects physical condition as they are knocked around and thrown into dishwashers, sinks, trays, etc...... then placed into your mouth. It was an injury caused by negligence on the part of the employee(s) and the establishment... it wasn't an accident.
I'm betting the establishment is happy an ambulance chasing lawyer wasn't present. | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 5:58:18 PM | | Question also bears to be asked is was a toasting and clacking of the glasses done by all before downing the shots? Contributing factor perhaps if that occured. Have seen that scenario done where people have actually shattered glasses doing the macho toast. | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 6:15:29 PM | Here's what I got out of it, rjb. You assumed that I was going after them for some sort of monetary settlement, perhaps trying to get someone fired. Not so. The bartender missed it, the server missed it, and I missed it until I noticed the blood. It is the bar's fault, but given that I actually put it to my lips and didn't see it, I understand how it could happen. The manager reacted as he should, accepting responsibility even after I told him it wasn't a big deal ("Yes, but that should never happen," I believe was part of what he said). By "milk it," I was referring to perhaps a couple free drinks on another occasion, not putting the place out of business. The post was more to gauge my apparent under-reaction rather than an indication of intent.
I also took away from it that you made some gross assumptions about the company I keep. Having seen my posts in the past, I'll give you the benefit of the doubt that you may have some insight to my character, however you have never met my friends. One comment taken out of context and you've accused them of lacking character. Come at me as you like, but never attack my friends. Feel free not to "debate" with me in future if these are your methods. I guess the irony of how it sounds when you attack strangers is lost on you.
Thanks dwinottawa for the birthday wishes, and to everyone else for your thoughtful input. I guess I must be mellowing with age, which is probably why my friends acted the way they did: shock that I didn't get fired up about it.
EDIT: Nope, no macho toasting. The chip was pre-existing, since there was no glass on the table, and I think I would have felt it going down. | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 6:32:06 PM | It was you that mentioned twice in your orginal post that your friends would not let the situation go and they were still mad about it, so by what you said I am making assumptions on them. I just know my friends would be more understanding and you did say in your post, should i let it go, or go for more. So dont understand what you are saying now. I did not say that you wanted someone fired or anything. I said for even making this post asking if you should go for more, leaves a bad taste in my mouth and you are talking about your own friends in this on two occasions, saying that you were actually the one that could let it go, but they were still mad, made me make a comment on them. I understand they are not here to defend theirselfs and understand that is is not good to talk about them, sorry for that, but in the future, might want to keep friends out of your posts if not wanting comments on them as well.
Overall mistakes happen, I really dont understand any other way of thinking ,other than just letting it go, would never occur to me to be spitefull towards anyone. Glasses chip and crack sometimes, will not be the last time it happens. It sounds like you were looking for something more than the twenty bucks you already got. And no matter how you spell it out, if that is true. You do need to hear some of this and check your attitude.
Negligence: come on, they are dish washers not airplane mechanics, perfection can not be assumed. It is our obligation to take responsibility for our own actions. Sometimes we will make mistakes sometimes others will, accidents happen. | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 7:32:18 PM | My question would be how long had that glass been cracked.....was it washed properly before you drank from it? How many other people drank from it while it was cracked.
Cracks in glasses or any other dishes are perfect breeding grounds for germs and bacteria to grow in........food for thought!
As far as bar staff or restaurant staff being able to spot something like a crack in a glass...well it all depends on the lighting in the establishment...some bars are poorly lite...so it's hard to say...I guess it depends on what your comfortable with? | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 7:42:13 PM |
Neither the incident nor the compensation were recorded on camera. The only evidence they have that the $20 was given is their word, whereas I still have the cut inside my lip and several witnesses
I think what bothers me about this statement is that regardless of if there was video taping of them compensating you, YOU know they compensated you. I fail how to see how not having it recorded or witness should play into any of this, unless of course you were considering lying about the facts. Regardless of the fact that you may wish you got more, you accepted what they gave you and it really bothers me that it comes across that if you wanted more you might go for it since they had no physical proof. | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 8:27:34 PM | This entire thread is simply stupidity at its finest! All due respect to the OP cuz I have been an admirer of his thoughts for quite some time!
First off, simply because he accepted $20 from the manager in coupons does NOT commit him to a settlemant or restrict his persuing further compensation. Secondly, should he feel the need to press this issue further, he could hire himself a lawyer. If they think he could pull some coin, a claim will be made against the bar owner. Most times , a settlement comes without going to court, as to go that route would cost much more. They are called "nuisance" claims. For those who have said to push the issue further? Yeah right. That kind of mentality has put us to where we are today, paying full pin for insurance. Jesus, give your heads a shake. The dude didnt suffer any major injury! Can he sue? Sure. Should he sue? Morals... | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 9:02:00 PM | Allison, that was a direct response to another post, again not a statement of intent. It was a statement of who would have the upper hand if I actually chose to pursue it. Know where the exits are, even if there is never a fire. Good to see that people are always willing to assume the worst.
Dodger, I would guess that it was probably cracked as a result of washing. A quarter inch triangle of glass out of the lip of the glass wouldn't go unnoticed more than one usage. It's fairly dark around the bar, so it would have been difficult to spot up there.
And moonchild, you know that when I drink and post, it usually leads to something stupid. | |
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| Personal injury: should I milk it?
Posted: 1/10/2009 10:09:54 PM | I don't know, maybe I missed something in Vainh's original post, but I really don't recall him ever saying he was actually going to pursue anything. He told us what happened, how his friends reacted, how the manager reacted and then asked a question for feedback. Where does that show any intent to pursue legal action? And where does it show lack of character?
"It was an injury due to negligence." While it may have been negligence, it was not malice. Shit happens in life. If it had been a more serious injury then sure, pursue it, otherwise get on with life........live and let live.
And it sounded to me like he was just going to get on with his life and enjoy celebrating some more birthday parties.
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