Poll of the Day > this claimant is 500lbs and has broken 4 chairs in my insured's hair salon

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Jen0125
08/30/17 9:34:57 PM
#51:


wolfy42 posted...
I did say I don't know about insurance, just how things go down in court usually. Also it may vary from state to state as well, and it certainly was not my type of law.


It varies entirely from state to state. What you said is way to generic of a statement to be factual. Some states classify by whether you're an invitee, licensee or trespasser and you have a different duty to each. Some don't. Some have pure comparative negligence. Some have modified comparative negligence. North Carolina says if you're 1% at fault for your own injury you can't get any type of compensation for your injury outside of medical payments coverage. It's all dependent on the laws of the state.

So what you said is entirely untrue. And that's not insurance based. That's legality. That holds true whether you have insurance or not. That's just case law.
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wolfy42
08/30/17 9:38:02 PM
#52:


Pretty sure you can have a sign that states you reserve the right to refuse service for any reason, which basically means your fairly safe as long as you don't tell someone a reason why your refusing service.

That being said, saying your chars are not rated for someone is a good reason to refuse service if I have ever heard one.


But yeah, if I was an attorney representing someone who sat in a chair and got hurt, and it turned out the chair was rated for a much lower weight then the person who sat in it, I don't think I'd have a hard time wining that law suit.

It is the owners responsibility to know what the limitations of his equipment are, not the customer. An argument could be made that after the first time, the customer was aware as well, but if he got injured the first time, it would be totally the owners responsibility.

Could always get a partial verdict (both are at fault so the customer only gets medical awarded etc).

But whatever, again, not my area of law, and it varies too much from state to state anyway.
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adjl
08/30/17 9:41:27 PM
#53:


SkynyrdRocker posted...
It's weird how many people think they understand this better than Jen, who literally does this for a living.


It's common sense, really. As a business owner, you are responsible for safely providing a service to your customers. That's not always possible, because there's no limit to human stupidity, but failing to take reasonable precautions to protect them should be considered neglectful, and they should be held liable. This would absolutely fall under that, because it's quite reasonable to expect the salon to refuse to serve the guy once it became apparent that they couldn't do so safely (probably after chair #2, just in case the first was a fluke).

I wouldn't be surprised if insurance law disagrees, because insurance law and common sense are two different things, but I can definitely understand where people are coming from to say that the salon is (or at least should be) held liable.
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Jen0125
08/30/17 9:41:59 PM
#54:


wolfy42 posted...
Pretty sure you can have a sign that states you reserve the right to refuse service for any reason, which basically means your fairly safe as long as you don't tell someone a reason why your refusing service.


you don't even need a sign for that. you are allowed to do that as a business anyway.

wolfy42 posted...
That being said, saying your chars are not rated for someone is a good reason to refuse service if I have ever heard one.


i agree. i would have done that. the problem is the bad PR. with social media nowadays businesses have to be on their best behavior. that's what my OP was talking about with my coworker.

wolfy42 posted...
But yeah, if I was an attorney representing someone who sat in a chair and got hurt, and it turned out the chair was rated for a much lower weight then the person who sat in it, I don't think I'd have a hard time wining that law suit.


you'd have a hard time arguing your client didn't have most of the comparative negligence for his own injury. the thing is this guy didn't fall. i didn't tell the whole story for the injury. his story is that the arm fell off the chair and he said that he felt is was becoming "extremely unstable" so instead of waiting for it to fall he stood up suddenly and strained a muscle in his back "severely." idk how that even happens but that's his story. that combined with the fact that he's broken 3 chairs before. i don't even know how that mechanism of injury even makes any fucking sense.

wolfy42 posted...
It is the owners responsibility to know what the limitations of his equipment are, not the customer. An argument could be made that after the first time, the customer was aware as well, but if he got injured the first time, it would be totally the owners responsibility.


i'd agree if he was making the claim if this was the first time the chair broke but this is the fourth time. he already knows the equipment can't hold him. his comparative negligence rises every fucking time he decides to go back to the place and break the god damned chairs.

wolfy42 posted...
Could always get a partial verdict (both are at fault so the customer only gets medical awarded etc).


like i said, i'd put at most 10% on my insured at this point. and that's generous. maybe 5%

in all actuality what we'll likely do is agree to pay REASONABLE medical expenses and tell him to kick rocks. his injury is likely extremely fabricated based on what he's alleging. he's saying he stood up and strained his entire back. the mechanism of injury doesn't make a whole lot of sense. he didn't fall down and hurt his tail bone or injure his arm or anything like that. we'll offer to pay for a few chiropractic visits but outside of that he's not going to have much of a case. he'll likely obtain an attorney who works with a shady chiropractor and they'll conspire for him to overtreat to a crazy degree. we'll dispute the treatment. they'll file suit and then after that it'll be out of our hands because we don't handle suits on my team. we pass it to a different team after that.
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helIy
08/30/17 10:42:36 PM
#55:


why has no one asked if the salon made him pay for the chairs yet

even. then, whatever business that let's this happen multiple times should maybe not be a business anymore

does the claim state specifically how the chairs broke? i'd guess only the pneumatics in them broke, tbh. or he busted the arms off
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green dragon
08/30/17 11:53:48 PM
#56:


One of my biggest fears is breaking a chair and having one of the legs impale me
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Dynalo
08/31/17 12:07:52 AM
#57:


I'm curious Jen, would the situation be different if he had injured himself the first time the chair broke? You mentioned that he should have known better since he already broke multiple chairs, but who's fault would it have been had this claim been the first time the chair broke?
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SunWuKung420
08/31/17 12:26:54 AM
#58:


EightySeven posted...
What do you think the cutoff should be for the max amount of weight a business' chairs are legally forced to adhere to?


Whatever weight the chair is rated for. If the customer is under that weight and the chair repeatedly breaks, you should be talking to the chair manufacturer. If he's over the weight, the business has the right to refuse service because their equipment is not safe for the heavy individual to use.

That's not personal discrimination. That's weight limit safety for salon chairs, for customers and employees.

2 people having sex on a salon chair could break it.
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wwinterj25
08/31/17 1:17:45 AM
#59:


Would it be better to put a sign up saying the chairs have a weight limit and what that weight limit is?
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SunWuKung420
08/31/17 1:19:37 AM
#60:


wwinterj25 posted...
Would it be better to put a sign up saying the chairs have a weight limit and what that weight limit is?


If that needed to be publicly stated.
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wwinterj25
08/31/17 1:21:31 AM
#61:


SunWuKung420 posted...
If that needed to be publicly stated.


Yeah I mean my dentist has one of these signs up. The chairs are not that big though so I suppose common sense would tell you if you're too obese you'll break them.
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SunWuKung420
08/31/17 1:25:54 AM
#62:


There is this episode of "Bizarre Foods". I love Andrew Zimmern. He was in India, at an ayurvedic Indian spice farm, getting a massage. At one point, he broke one of their chairs.

Just embrace yourself. Work hard if you want to be slimmer, but naturally wide, healthy people exist.
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wwinterj25
08/31/17 1:26:47 AM
#63:


I'm skinny af so thankfully I don't have these problems.
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Kana
08/31/17 1:29:36 AM
#64:


Hey Jen I know you do this for a living but I'm going to argue with you about why you're wrong anyway.
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helIy
08/31/17 1:31:12 AM
#65:


i just want to know why the business didn't do anything about this dude breaking their shit
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SmokeMassTree
08/31/17 1:32:13 AM
#66:


helIy posted...
i just want to know why the business didn't do anything about this dude breaking their shit


He was probably their biggest customer
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helIy
08/31/17 1:33:36 AM
#67:


SmokeMassTree posted...
helIy posted...
i just want to know why the business didn't do anything about this dude breaking their shit


He was probably their biggest customer

cTms42m
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SunWuKung420
08/31/17 1:33:47 AM
#68:


Hahaha. Good post, bro.
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wolfy42
08/31/17 1:34:13 AM
#69:


If he sprained a muscle getting up, and the chair didn't even break that time, then yeah, he has no case at all. Your not responsible for a customer pulling a muscle while in your shop because they got up wrong etc (If he slipped and fell etc, that would be different).

Also, there is a diff between overweight and obese, if your 500+, there are MANY things you just plain can't do, or places that will and should be able to, refuse service to you. Forget about bad PR, at that point it's just plain logic.
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TheCyborgNinja
08/31/17 1:34:14 AM
#70:


Maybe all this "everyone is beautiful" bullshit should go back to "you're gross" when appropriate so that it stops emboldening people from making stupid claims out of embarrassment...
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Golden Road
08/31/17 1:40:53 AM
#71:


Jen0125 posted...
you'd have a hard time arguing your client didn't have most of the comparative negligence for his own injury. the thing is this guy didn't fall. i didn't tell the whole story for the injury. his story is that the arm fell off the chair and he said that he felt is was becoming "extremely unstable" so instead of waiting for it to fall he stood up suddenly and strained a muscle in his back "severely." idk how that even happens but that's his story. that combined with the fact that he's broken 3 chairs before. i don't even know how that mechanism of injury even makes any fucking sense.

How does being 500 pounds cause the arm to fall off the chair? Was he sitting on it, like how did he manage that o_O
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helIy
08/31/17 1:45:46 AM
#72:


Golden Road posted...
Jen0125 posted...
you'd have a hard time arguing your client didn't have most of the comparative negligence for his own injury. the thing is this guy didn't fall. i didn't tell the whole story for the injury. his story is that the arm fell off the chair and he said that he felt is was becoming "extremely unstable" so instead of waiting for it to fall he stood up suddenly and strained a muscle in his back "severely." idk how that even happens but that's his story. that combined with the fact that he's broken 3 chairs before. i don't even know how that mechanism of injury even makes any fucking sense.

How does being 500 pounds cause the arm to fall off the chair? Was he sitting on it, like how did he manage that o_O

as you try and force yourself in between the arms, the pressure from your body is constantly pushing against the arms of the chair. the weaker thing is going to give out and break, and that's usually the arm of a chair.

make the peace sign with your fingers. now try to force something larger between the two fingers. which gives first? the object, or your fingers?
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streamofthesky
08/31/17 2:03:59 AM
#73:


Make the guy sit on the floor for his hair cuts, then. If they can't ban him from there and don't have the guts to make him pay for the broken chairs or go to court over his bs personal injury claims. Or is SMT so heavy that he'd damage the flooring, too?
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dedbus
08/31/17 2:13:34 AM
#74:


It's not like you're issuing marriage licenses approve the claim.
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Nightwish
08/31/17 7:55:27 AM
#76:


It's gonna be funny when you get fired for discrimination.
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Xfma100
08/31/17 8:11:25 AM
#77:


adjl posted...
It's common sense, really. As a business owner, you are responsible for safely providing a service to your customers. That's not always possible, because there's no limit to human stupidity, but failing to take reasonable precautions to protect them should be considered neglectful, and they should be held liable. This would absolutely fall under that, because it's quite reasonable to expect the salon to refuse to serve the guy once it became apparent that they couldn't do so safely (probably after chair #2, just in case the first was a fluke).

I wouldn't be surprised if insurance law disagrees, because insurance law and common sense are two different things, but I can definitely understand where people are coming from to say that the salon is (or at least should be) held liable.


This.
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Firewood18
08/31/17 8:55:56 AM
#78:


Such a smh topic. I personally (and unfortunately) would side for the claimant. Just for the simple fact that there were previous incidents.

This would make for a good episode of judge Judy. I can see her berating both sides. The salon for allowing this person to repeatedly break thier equipment and risking harm and the claimant for not being aware of thier limitations regarding thier condition. The ruling would go against the insured though.
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green dragon
08/31/17 9:21:11 AM
#79:


Xfma100 posted...
adjl posted...
It's common sense, really. As a business owner, you are responsible for safely providing a service to your customers. That's not always possible, because there's no limit to human stupidity, but failing to take reasonable precautions to protect them should be considered neglectful, and they should be held liable. This would absolutely fall under that, because it's quite reasonable to expect the salon to refuse to serve the guy once it became apparent that they couldn't do so safely (probably after chair #2, just in case the first was a fluke).

I wouldn't be surprised if insurance law disagrees, because insurance law and common sense are two different things, but I can definitely understand where people are coming from to say that the salon is (or at least should be) held liable.


This.

you're both going to side with the guy that hurt his back standing up? ok. seems like the chair's arm just broke. it's not like it completely collapsed under the dude

Firewood18 posted...
This would make for a good episode of judge Judy. I can see her berating both sides. The salon for allowing this person to repeatedly break thier equipment and risking harm and the claimant for not being aware of thier limitations regarding thier condition. The ruling would go against the insured though.

this absolutely would be a great judge judy episode
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Jen0125
08/31/17 10:29:22 AM
#80:


Dynalo posted...
I'm curious Jen, would the situation be different if he had injured himself the first time the chair broke? You mentioned that he should have known better since he already broke multiple chairs, but who's fault would it have been had this claim been the first time the chair broke?


If he injured himself the first time the chair broke it would be totally different because neither party would have had notice.
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Jen0125
08/31/17 10:30:14 AM
#81:


Smarkil posted...
I remember some story about how there was outrage about how a dentist refused service to a morbidly obese person because he was afraid the person would break his chair.

I was like, fuck dude, I wouldn't let them in either. That shit ain't cheap.


This is likely exactly why they haven't denied service.


Kana posted...
Hey Jen I know you do this for a living but I'm going to argue with you about why you're wrong anyway.


Lmao they do it every time.

Golden Road posted...

How does being 500 pounds cause the arm to fall off the chair? Was he sitting on it, like how did he manage that o_O


Probably busted out the side from his fat.
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GameLord113
08/31/17 11:13:28 AM
#82:


Jen, you've been an insurance adjuster for what a year maybe two and you didn't even go to school for it. I've been working with stuff like this for six and if included school, much longer. Sorry I disagreed with you. Like you even said, all the guy has to do is get a lawyer and a doctor that backs up his claims of injuries. He will not get a big payday, but the salon owners will be held partially liable for his injuries.
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RCtheWSBC
08/31/17 11:17:56 AM
#83:


GameLord113 posted...
Jen, you've been an insurance adjuster for what a year maybe two

Five >__>
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Jen0125
08/31/17 11:23:15 AM
#84:


GameLord113 posted...
Jen, you've been an insurance adjuster for what a year maybe two and you didn't even go to school for it. I've been working with stuff like this for six and if included school, much longer. Sorry I disagreed with you. Like you even said, all the guy has to do is get a lawyer and a doctor that backs up his claims of injuries. He will not get a big payday, but the salon owners will be held partially liable for his injuries.


3 years as a claims specialist handling casualty claims and you don't go to school to be an insurance adjuster lmao. That's not a thing.

He can get an attorney and we'll offer like $500 and tell him to fuck off. That's assuming he fell. But with the facts he provided I'd offer nothing.
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RCtheWSBC
08/31/17 11:23:48 AM
#85:


Girl I'm boosting your résumé up, oops
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Jen0125
08/31/17 11:24:33 AM
#86:


It's okay bb I love you

I've been at my company for almost five years in different positions
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RCtheWSBC
08/31/17 11:25:05 AM
#87:


Just tryna put some respek on yo name
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Jen0125
08/31/17 11:25:21 AM
#89:


I appreciate it
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shadowsword87
08/31/17 11:50:44 AM
#90:


Jen, about how much do one of those chairs cost?
I'm just curious.
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Jen0125
08/31/17 12:22:25 PM
#91:


i have no clue tbh but i assume they're expensive.

google search says they can be around $600
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mooreandrew58
09/01/17 2:59:28 AM
#92:


dumber things have been won in court like the lady who successfully sued mcdonalds for the coffee scalding her. so now they gotta put "caution beverage is hot" on all coffee cups, like who doesn't know coffee is served hot?
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Yellow
09/01/17 3:15:07 AM
#93:


Jen0125 posted...
he'll likely obtain an attorney who works with a shady chiropractor and they'll conspire for him to overtreat to a crazy degree. we'll dispute the treatment. they'll file suit and then after that it'll be out of our hands because we don't handle suits on my team. we pass it to a different team after that.

But does someone who weighs 500 lb really have the mental capacity for that?

Kana posted...
Hey Jen I know you do this for a living but I'm going to argue with you about why you're wrong anyway.

Hey I'm a real devil's advocate and a real smart guy. Here's my completely asinine opinion.
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helIy
09/01/17 4:04:41 AM
#94:


Yellow posted...
But does someone who weighs 500 lb really have the mental capacity for that?

easily?

mooreandrew58 posted...
dumber things have been won in court like the lady who successfully sued mcdonalds for the coffee scalding her. so now they gotta put "caution beverage is hot" on all coffee cups, like who doesn't know coffee is served hot?

you should actually read what that lawsuit was about, because she was completely in the right. the coffee was way hotter than it was actually supposed to be, the lid wasn't properly on, ect. she didn't even want money, she just wanted her medical bills paid.
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Yellow
09/01/17 4:19:30 AM
#95:


helIy posted...
easily?

Actually there's a pretty solid link between low intelligence and obesity.

The person probably doesn't even realize they've got a problem.
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helIy
09/01/17 4:26:45 AM
#96:


i bet there sure is
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Duck-I-Says
09/01/17 4:34:18 AM
#97:


Yellow posted...
Actually there's a pretty solid link between low intelligence and obesity.

The person probably doesn't even realize they've got a problem.


That's specious. There's a link between long term obesity and cognitive decline, but you still can't point to an individual obese person and say "that person is stupid because they're fat." If they've been fat for 30 years is there a good chance that they've suffered more cognitive decline than their thinner peers? Sure, but it's not a guarantee of stupidity.
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Jen0125
09/01/17 4:52:52 AM
#98:


Omg we found out today this guy was in a car accident two days before he was allegedly injured standing up after the arm of this chair broke. He told me be was in a car accident a year ago... Which he was but he conveniently left out he was in an accident TWO DAYS AGO. Give me a break.
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helIy
09/01/17 5:15:43 AM
#99:


fraaaaaaud
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green dragon
09/01/17 7:08:06 AM
#100:


Jen0125 posted...
Omg we found out today this guy was in a car accident two days before he was allegedly injured standing up after the arm of this chair broke. He told me be was in a car accident a year ago... Which he was but he conveniently left out he was in an accident TWO DAYS AGO. Give me a break.

Throw his ass in jail.

Can you do that?
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GameLord113
09/01/17 7:23:28 AM
#101:


Jen0125 posted...
Omg we found out today this guy was in a car accident two days before he was allegedly injured standing up after the arm of this chair broke. He told me be was in a car accident a year ago... Which he was but he conveniently left out he was in an accident TWO DAYS AGO. Give me a break.

Lol. Well now he screwed himself for any claim against the auto insurance for the accident and definitely hurt this claim. The only way I can see him being able to further pursue this is if he went to the ER or saw a doctor that either totally cleared him (not likely) or only diagnosed him with a cervical sprain/strain and absolutely no mention of any low back pain or injury. Then the lawyer could claim that this new accident caused a seperate identifiable injury, but then again it's not good to lie on your insurance claim lol.
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