QUESTION
If you get hurt on someone's property, should their insurance to cover your medical bills?
Asked on Jan 17th, 2013 on Personal Injury - Florida
More details to this question:
My 82-year old mom was bumped from behind by another customer’s flatbed cart. She fell and bumped her head on the floor. I took her to urgent care and they did a CT scan. No skull fracture was found. In the four days since this happened, her pain is spreading to her whole head, her neck, jaw, and shoulder. The store says they will not help with her medical bills because it wasn't their fault.
10 ANSWERS
Ronald A. Steinberg
Your claim is against the customer that hit her. The store had nothing to do with the accident, and so the store will not have to pay anything. However, some insurance policies will pay a certain amount of medical bills for accidents that occur on the property. If the store's insurance will do that, then go for it. But, I would identify the customer and make your claim against him/her.
Answered on Jan 24th, 2013 at 12:46 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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A property owner or business proprietor can be held liable for known hazards that could foreseeably result in injury. In order to make a claim the injured party has to show either that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action or that the property owner created the hazard. So, the store management is correct that it is not their fault. But there is another possibility: some property liability insurance policies include a provision called a "medical payments provision". Although it is not required, this provision will pay medical expenses up to a certain amount, regardless of fault. Also, if you can find out who the other customer was, you can make a claim against that person and his/her homeowner's insurance (if they have it) should pay.
Answered on Jan 22nd, 2013 at 1:01 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The Store is correct. The store has to be negligent to be liable. They are not liable just because it happened on their property. The other customer may be liable.
Answered on Jan 21st, 2013 at 11:57 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No. The store is not liable for injuries caused by careless customers.
Answered on Jan 21st, 2013 at 11:56 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Some businesses carry medical payments insurance to cover any medical bills that are incurred. But if they are not at fault they owe you nothing. Many companies cancel med pay to save money these days that Obama is in charge of the economy. You can sue the person who hit the injured lady.
Answered on Jan 21st, 2013 at 11:51 PM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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If the store has medical payments coverage that pays the medical bills of persons injured on the premises regardless of whether the store was at fault, then the store's insurance company should pay your mother's medical bills up to the limits of the coverage. If there is no medical payments coverage, the store is not liable if it was not at fault.
Answered on Jan 21st, 2013 at 11:49 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The store would be liable if it allowed moisture to stay on the floor too long. In this case, you need to find out who hit your mother. That would be the person to sue.
Answered on Jan 21st, 2013 at 11:48 PM
Simply because the accident occurred at a business place does not automatically mean the business' insurance must pay. If there was nothing the business did to cause or contribute to causing the accident, they are not liable.
Answered on Jan 21st, 2013 at 11:48 PM
James Eugene Hasser
Just because you are hurt on someone else's property does not make them liable. You have to prove that the landowner is liable. Now, that being said, most property insurance policies have a medical payments provision that will pay only for the medical bills, regardless of fault. You may want to check into that.
Answered on Jan 21st, 2013 at 11:47 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Only if they have "medical payments" coverage. Otherwise, the store is correct that they don't have to pay if it wasn't their fault. Did someone get the name of the customer who bumped her? If so, that customer's homeowners' insurance will probably cover the bills.
Answered on Jan 21st, 2013 at 11:45 PM