I was in the grocery store and was taking down a can of rolls. As I was bringing it down, an older woman came in under my arm and I accidentally hit her in the eye. I offered to get her ice and she declined. Later as I was leaving, she wanted my name and number because her eye still hurt and she might have to get medical attention and wants me to pay for it. First, it was an accident and second, I feel she was the one at fault. Am I required to pay her medical care?
Sounds as if she is more negligent than you. In California, we have the law of comparative negligence, meaning that you might be responsible for a share of the medical costs.
Everyone is responsible for their own actions, even if those actions are accidental. Right now, you are not required to pay anything, however. Depending on the severity of her injury, and a number of other factors, you may find yourself a defendant in a lawsuit at some point. Whether or not you want to pay for her medical bills is up to you, but from your description, it sounds like you caused her injury.
There is nothing automatic about it. A good lawyer could argue this either way. You could also call it a 50/50 accident. If you have homeowner's insurance, it is possible this could be covered, so contact your insurance agent.
If it happened in Virginia, she may have trouble getting a judgement because it seems she may have assumed a risk or contributed to her own injury by reaching under your raised arm without warning you that she was present. Contributory negligence bars any recovery in Virginia.
I don't think so. It sounds like she put herself in harm's way. If you were backing out of a parking space and I was too impatient to wait for you and I darted behind your car and you hit me, it would be my fault.
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