Q: Injured,had coffee thrown on me.
A woman became irate and threw coffee on me. As a result I slipped and fell onto the floor. I injured my arm and leg.
A: I am very sorry that you were injured. I hope that you receive proper treatment for both your arm and leg. The first step to a personal injury is to ensure that you take care of your health. You may have two possible claims. One for the intentional tort of assault/battery and one for negligence. It depends on the intent of the woman who threw the coffee on you and the foreseeably of your injuries. You will need to consult with an attorney and fully discuss the events that led to those injuries to understand what your best claim(s) might be. You did not mention when this occurred, but it is important to note that in most cases you have two (2) years to file a complaint in court for your injuries. You must actively pursue your claim and if you want to pursue it, then seek the advice of counsel immediately.
A: If the facts you state are true and there are no viable defenses, then she would be liable. The next issue is if she is worth suing. Do you have the contact information for the person who threw coffee on you? Is she a homeowner, business owner or do you know if she has insurance? For insurance, claims you would need to allege negligence, as insurance will not pay for intentional torts. Intentional torts are a criminal matter. Usually, restitution in criminal cases only consists of reimbursement for economic harm only and not non-economic damages for pain and suffering or inconvenience. If there is no practical way of collecting from her in a civil case, then a civil case is not worth pursuing from a financial perspective. If she is a homeowner, business owner or otherwise has insurance and she resides in Oregon or Washington or the incident occurred in Oregon or Washington, give us a call: (503) 238-1010
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