QUESTION

Do we get the store to cover the expenses when my mother fell on a damaged pavement?

Asked on Feb 21st, 2014 on Personal Injury - California
More details to this question:
My 65 year old mother fell coming out of the grocery store on damaged pavement. Where do I start to get the store to cover expenses? Can I make them pay expenses?
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9 ANSWERS

Ronald A. Steinberg
I suppose that it wasn't damaged when she entered the store, so the store had to be able to discover the problem and fix it before she left. In all likelihood, she wasn't paying attention either on the way in or out. In Michigan, she probably wouldn't have a case.
Answered on Feb 25th, 2014 at 4:58 PM

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Thomas Edward Gates
You will need to file a claim. Hopefully, you filed an injury report. Your claims should cover medical and related expenses. If they refuse to pay take them to small claims.
Answered on Feb 25th, 2014 at 4:53 PM

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Most stores carry liability insurance. They will turn the claim over to their insurance company and it will in turn stall and delay you and will ultimately take the position that it was all your mother's fault. Don't waste your time dealing with the store and its insurance company. Go take multiple photos of the damaged pavement, and then hire an attorney.
Answered on Feb 25th, 2014 at 4:52 PM

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James Eugene Hasser
Just because she got hurt on the premises does not necessarily make them liable. You will have to show that the store knew or should have known of the hazard, that it was not open and obvious and that the store failed to repair, guard or warn against it. If you cannot show that, and the store has a premises liability policy that has a medical payments provision in it, it may pay for the medical bills only. Contact the store to find out. Good luck.
Answered on Feb 25th, 2014 at 4:50 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Whose pavement is it? city? Store? Someone else? Get great photographs. Get builder or engineer to say whether it was properly constructed per code is this a serious injury or are you just looking for a quick buck?
Answered on Feb 25th, 2014 at 4:47 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Start by contacting an experienced personal injury lawyer in your area. It is possible the store may have what is called "med-pay" which will cover medical expenses regardless of fault, but it is not required and not all stores have it. Whether or not they do, you still need a lawyer: an experienced lawyer will ask the right questions and get the right info to invoke the med-pay coverage if they have it. If they don't, or if your mother wants to make a claim beyond medical expenses, the insurance company will give you the run-around if you do not have a lawyer on your side. Seriously. I'm not just saying this to boost the profession and I have no idea if your mother lives in the same city or state where I practice, so there is nothing in this for me. But, I have dealt with many insurance companies, I know how they operated and they are not on your side, they will not help you and they will not take you seriously if your mother does not have a lawyer. So get her one. Consultations are free and there is no fee unless you win.
Answered on Feb 25th, 2014 at 4:18 AM

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Medical Malpractice Attorney serving Highland, IN
Partner at Padove Law
4 Awards
It is very rare that a retailer voluntarily pays the medical bills. If they did not take care of their damaged pavement that they must have known about, what makes you think that they will take care of your mother? A representative is likely to call, express concern, ask for a statement and bills, and then deny the claim. You will likely need to hire counsel- the sooner you do, the sooner that counsel can take steps to preserve evidence and protect your mother' s interests.
Answered on Feb 25th, 2014 at 4:18 AM

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Personal Injury Attorney serving Milwaukee, WI
1 Award
If this happened in Wisconsin, and if it happened on a defective city sidewalk, your mother might have a hard time recovering compensation. In Wisconsin, sidewalks are owned and maintained by the city, who is responsible for keeping them safe for pedestrians. However, Wisconsin law requires that a notice of injury be served upon the city within 120 days of the date of injury. There is a specific statute that tells a person how the notice of injury must be served on the governmental body. The other thing is that governmental bodies only have to pay up to $50,000 for injuries caused by negligence of their employees in maintaining sidewalks. Now, if the faulty pavement was owned by the store, then the store's insurer might be liable for your mother's injuries. I suggest you contact a lawyer in your area who represents people injured by the negligence of others to be sure things are done properly.
Answered on Feb 25th, 2014 at 3:58 AM

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Edwin K. Niles
City sidewalk? If so, why is the store responsible? If City, there is a 6 month claim filing statute for governmental claims; act fast. In any event, the law is not very favorable for this sort of claim. She has the duty to look where she walks. Tough case, but see a lawyer ASAP.
Answered on Feb 25th, 2014 at 3:57 AM

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