Public Mediation

K.M. vs. Steak ‘N Shake - Raymore Mo

Gross Negligence and Failure to Take Responsibility by Steak 'n Shake Restaurants

K. M. vs. Steak ‘N Shake - Raymore Mo
Heartland SNS LLC: 1415 SW Wanamaker Rd Topeka KS 66604-3800, Steak 'N Shake: 1905 W Foxwood Dr, Raymore, Missouri, 64083-9371, United States
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 7493098
    • Amount Involved: 6,560.00
    • Filed On: Aug 05, 2017
    • Posted On: Sep 05, 2017
    • Complaint(s):
      • Failure to take corrective actions or responsibility
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Statement of Claim
Claimant says:
"I slipped and fell hard on an overly wet floor, hurting my back and neck and suffered from excruciating pain for several months afterwards, at the Steak 'n Shake in Raymore, MO, on 9/3/16. I was handed some paperwork regarding the incident at the restaurant and was told someone would be in touch with me in a few days, but was never contacted. On 10/15/16, I sent a detailed demand letter for compensation for my injuries due to their negligence to Biglari Holdings, Inc., the parent company, as well as Steak n Shake Enterprises, however, have received no response from them."
Reply Have a similar problem?
  • 09-03-2016 — Slip and fell on overly wet floor upon leaving restaurant
  • 10-15-2016 — Sent two letters to Biglari Holdings and Steak 'n Shake corporate
  • 08-05-2017 — Filed PeopleClaim online since no response from company
Additional Communication Between Claimant and Steak ‘N Shake - Raymore Mo Hide
  • Sep 08, 2017, Steak ‘N Shake - Raymore MO (responding party) added:
  • The claimant was contacted repeatedly by our insurance carrier, and refuses to speak or corresponding anyway in resolving this alleged claim appropriately.
    Insurance carrier has left phone messages and emails requiring documentation invoices the claimant may have. Claimant still refuses to cooperate

  • Sep 08, 2017, Claiming party added:
  • Steak n Shake's response of 9/8/17 is absolutely untrue. I have provided the insurance adjuster with all requested documentation and it is the insurance adjuster who has failed to communicate or contact my doctor after completing a medical request for information form on 8/23/17. I have cooperated fully and it is the failure of the insurance adjuster to follow through on settling my claim.

What Claimant Wants Hide
1. Compensation: Pain and Suffering Sep 05, 2017 $6,060.00
2. Damages: Medical Expenses Sep 05, 2017 $500.00
3. Other – Copy claim to regulators Sep 05, 2017 $14.99
4. Other – Pay for claim posting cost Sep 05, 2017 $14.99
5. Other – Physical delivery charges Sep 05, 2017 $21.97
Cash total : $6,611.95
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer

There has been no response to this claim from Steak ‘N Shake - Raymore MO. This claim will remain posted until resolved
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  • Question: by Fran Fellowes (2801 points) — Paralegal
  • On: 09-15-2017
  • This accident occurred on 9/3/16. Apparently an incident report was completed - was it fully completed? Was there video footage? Was the flooring slip-resistant? Was the floor wet from washing, or from a spill? If washing, were the chain's specified products used? Was there an account from any employee that was present?

    Best practices would be that senior management contact the claimant within 24 hours to follow up, and then their liability company follow up within 2 weeks at most.

    The claimant says that no-one followed up at all, and a letter from him to the company some six weeks later was ignored. Steak N' Shake says that the claimant ignored attempts at contact by the insurance company but doesn't say when those were made. Does Steak N'Shake have documentation of those attempts? Does the claimant have proof of mailing to the company?

    Why is this claim being made a year later? I would think that if the company had attempted to resolve the issue but hadn't received necessary documentation within three to six months, they would have sent a certified letter stating that the claim would have to be closed unless the the claimant cooperated with the investigation. Was any letter like this sent?

    Has the insurance company now contacted the claimant's doctor and retrieved medical records?

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