QUESTION
Can I take the retail store to court or take their insurance to court for a foot injury that is severe?
Asked on Aug 18th, 2015 on Personal Injury - Illinois
More details to this question:
While I was shopping in a retail store, I suffered from severe injuries because one of the storage doors slammed down on my foot. However, my claim was denied because the insurance company a similar accident has never occurred in any of their other stores.
7 ANSWERS
Edwin K. Niles
That's what insurance companies do: deny claims. Please see an injury lawyer.
Answered on Aug 19th, 2015 at 4:50 PM
Ronald A. Steinberg
Sure. But unless you can prove that, under the law of your state, the property owner violated a duty owed to you regarding the condition of the property, you will lose.
Answered on Aug 18th, 2015 at 4:56 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes. Small claims court.
Answered on Aug 18th, 2015 at 4:16 PM
There is a first time for everything. If you have witnesses, tell that to the insurance company. You can not sue the insurance company as they have no involvement with the actual accident, just a contract with the store to defend them and pay up to a certain amount. You have to sue the store. Speak to some local personal injury attorneys for their advice, especially on liability and whom to sue.
Answered on Aug 18th, 2015 at 4:00 PM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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The fact that the store chain has never experienced a claim identical to yours does not mean you do not have a valid claim. We have helped many clients with this type of claim and would be happy to discuss your options with you. I suggest that you contact Russell Hatten, a partner in our firm with extensive experience in premises liability cases (this is the legal term for a "slip and fall"). Russell will be able to answer your questions and provide advice if you wish to file a lawsuit. I am copying him in on this reply so he will be expecting your call or email. We look forward to helping you.
Answered on Aug 18th, 2015 at 3:21 PM
James Eugene Hasser
Unless you can show that the injuries occurred as a result of the negligence of the store in somehow causing the doors to shut on you, the store would not be liable. Consider consulting an experienced injury lawyer familiar with premises liability cases. Good luck.
Answered on Aug 18th, 2015 at 3:20 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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It may be possible to fight the insurance company in your case. The fact that a similar accident has not happened in other stores does not mean that you have no case. You would have to review the facts in your case to see if the store was somehow negligent. An injury attorney normally provides a free consultation and does not charge a fee unless you collect. T
Answered on Aug 18th, 2015 at 3:05 PM