Palm Bay, FL asked in Personal Injury for Florida

Q: Can I sue for pain and suffering and discrimination for the following incident: Today my mom fell at Dennys Melbourne FL

Today, March 6, 2024 at 10:40 am in Melbourne Fl. My mom fell at Denny's Restaurant , she tripped over a door mat in front of the door and slid into the other glass door. She was blocking the doorway laying on the ground a nurse in the restaurant help me move her out of the doorway. 911 was called. No one from Dennys management helped us or even asked my mom did she need a glass of water. They just watched as people walked over my mom to go in and out of dennys. While we were waiting for the ambulance they did not even do a accident report. My mom cut her head and bruised her shoulder. I know if we had been white Denny's management would have helped us. Can I sue for pain and suffering and discrimination? My mom went to the hospital but thank God no broken bones. I am so upset that no one from Denny's even acknowledge that my mom was sitting on the floor being stepped over by people leaving or going into dennys. My mom is 87. The mat was a 5x7 doormat that was not even taped down.

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: You mom definitely has a potential personal injury claim for a significant amount of money damages, including for physical and mental pain and suffering, and should immediately schedule a free consultation with a lawyer. Regarding the discriminatory aspect, the legal issue would be whether there is proof of her being treated not only poorly, but also differently than how the business actually serves persons of other races/colors. That requires specific examples for making specific comparisons between customers. Your mom needs to first focus on promptly setting up her personal injury claim.

Terrence H Thorgaard agrees with this answer

1 user found this answer helpful

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