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Re:Roof fell on client (1 viewing) (1) Guest
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TOPIC: Re:Roof fell on client
#479
Jacob (User)
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Roof fell on client 11 Years ago Karma: 2  
Client was in a hotel and the ceiling tile fell on him. Hotel appologized and required the patron to sign a waiver. Is the waiver valid? If the patron had no physical injuries can the patron still see for pain and suffering? This is an Ilinois injury case.
 
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#480
Mark (User)
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Re:Roof fell on client 11 Years ago Karma: 3  
Sounds like a basic torts question: duty, breach, causation, and damages. If your client cant prove damages, then there may be no recovery. The purpose of a suit is to make to moving party whole. If your client is not damaged, then why should he receive a recovery?

Then again, remember the McDonald's case where a woman spilled hot coffee on herself and received a million dollar damages? Not sure if that will happen again though.
 
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norton (Moderator)
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Re:Roof fell on client 11 Years ago Karma: 0  
I can't speak to Illinois law, but you have to be careful with that pain and suffering stuff. Michigan for example does not recognize pain and suffering as a stand-alone claim, rather, you can only seek such damages if you have another claim and the pain and suffering damages would stem from that, say an auto accident with serious injury.

And, yes, the McDonald's coffee case the lady did win significant damages at the trial level, but, they were all overturned on appeal and she got nothing in the end. You have to remember that if McDonald's lost such a case, they would be sued everyday for hot coffee spills, a burned tongue on their hot carmel, and so forth. Those types of suits, generally speaking, do not really work anymore. Not that people don't still try.
 
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