Hi team, I went to a restaurant in a mall with my mother (aged 62 years). The restaurant had placed a broken chair(Missing leg) in the main seating area. My mother sat on it and fell down. She fell on her wrist and twisted it. I have lodged a complaint with the mall authorities and awaiting a call. but meanwhile i would like to pursue legal options. need some guidance on it. regards ankit
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A restaurant open to the public has a clear duty to ensure basic safety and placing a broken chair in the seating area is a serious lapse.
You can file a complaint before consumer commission for deficiency in service against the restaurant owner and the Mall also can be a second opposite party.
Providing unsafe seat is considered deficiency in service and act of negligence.
You can claim compensation for injury, mental agony, and expenses.
Your mother can seek compensation for medical bills, pain, and suffering by filing a consumer complaint against the restaurant/mall for "deficiency of service".
Immediately secure evidence, such as photos of the broken chair, CCTV footage And medical reports
Yes, you have a valid legal claim. Keeping a broken chair in the seating area is negligence and also “deficiency in service,” so your mother can claim compensation from the restaurant, and if facts support, from the mall as well, for medical expenses, pain and suffering.
The best remedy is usually a complaint before the Consumer Commission, apart from a civil claim for damages. Please keep the broken-chair photos, medical papers, bills, complaint copy, and ask the mall in writing to preserve CCTV footage.
Next step you may consider
Send a legal notice quickly and have a lawyer review the papers for filing a consumer case, since CCTV and evidence are important in such matters.
You can go for damages before consumer court if you are a consumer otherwise twice you can file a claim under law of torts but it’s very time consuming compared to consumer law
