Is a store liable if my mother fell and broke her hip?

Question

My mother recently broke her hip at the grand opening of a supermarket when she was directed by an employee to an auxiliary exit that had a curb without any markings or paint on the ground. She is not looking for any more than her out of pocket co-pays and lost salary which would total about $1500-2000. She realizes she shares responsibility but is the store liable for not painting the curb?

William Spern · Answer

If the curb was open and obvious, then the likelihood of recovery is small.

Reza Torkzadeh · Answer

Short answer is possibly.  There are many factors involved including the overall situation of the curb such as lighting, possible building code violations etc.

Andrew Velonis · Answer

A property owner can be held liable for known hazards that could foreseeably result in injury.  Since the store feiled to paint the curb, they created a hazardous condition and so should be held liable.  The difficulty will be proving that, had the proper marking been present, that would have prevented the fall from occuring.  Find out if your local building codes require such markings, that will help.  Some business owners have what is called a medical payments provision of a liability insurance policy. The insurance people call this "med-pay". It is not required, but if he has that coverage, they will pay for medical Find out if there is a medical payments provision of his homeowners insurance policy. expenses (usually with a very small limit) regardless of fault

Jeffrey Wittenbrink · Answer

There are many issues such as compliance with codes and ASCII standards when dealing with store curbs, etc.  You should consult an attorney personally regarding the particular facts and circumstances of this case.

Sam Louis Levine · Answer

Dear Daughter of Loved One Who Broke Hip,  I am so sorry that this happened to your mother.  I hope she feels better.  She is fortunate to have a daughter who cares so much about her.  You & your mother need to speak to an attorney about your rights & options.  Liability is always an issue in these types of cases.  I would advise not speaking to anyone until you have consulted /w an attorney experienced in these types of matters.  Please do not sign anything either.

Paul Whitfield · Answer

I don't know whether a store is required to paint a curb. I doubt it. this is a building code question. If the bldg code requires it and it was not painted you may have a claim . If you do have a claim it would be for a lot more than out of pockets. Find you a commercial builder or architect who knows the building code and get the first issue settled.

Yvonne Griffin · Answer

Generally speaking, a landowner is responsible for keeping his property in a safe condition and of warning visitors to his property of any defects of which he knew or should have known.  For example, if a store owner knows the floor is wet, he must put out warning cones or signs. On the other side of the coin, your mother had the responsibility to look for any open and obvious conditions.  If the curb was open and obvious, she may be partially responsible for the fact that she fell. Unfortunately, in Virginia if you are partially at fault for your injuries, you are considered contributorily negligent and you are not allowed to collect from the landowner.  Your question does not give enough facts about the curb's visibility for me to give a definitive answer.  Take pictures of the curb and go speak with an attorney to get a better answer to your question.

Bernard Huff · Answer

Your mother should consult with an accident attorney for specific legal advice and direction regarding the possible liability of the store for her injuries when she departed the store through the auxiliary exit under the direction of a store employee. Perhaps, the store carried insurance at the time of her accident which would cover some, if not all, of her medical expenses.

Kenneth Apicella · Answer

The store may be liable for your mother's fall.  Under Illinois law, a store owner generally speaking has a duty to keep its premises safe from conditions that are unreasonably dangerous.  Depending upon a number of factors, the curb you described could be considered unreasonably dangerous. Your mother should consult with an attorney who handles these types of cases.

James Kelaher · Answer

In Florida, simply because someone is injured on another's property does not make the landowner responsible; in order for them to be liable to the invitee for their injuries, they must be negligent. The duty that is owed to a business invitee (as was your mother) is the highest duty, but that still doesn't make them responsible. In a premises liability case like you describe, the "dangerous condition" has to be one of which the landowner was aware, and of which the invitee was not aware nor would have been aware in the exercise of due care. I would take pictures of the curb in the same lighting conditions as when your mother fell (same time of day, same weather) and then consult with a personal injury lawyer, bringing the pictures with you for him (or her) to see. If there are other curbs in that shopping center that have been painted the bright orange they are usually painted, that would help the case since that curb was not painted. Most personal injury lawyers offer free consultations, so you would have nothing to lose.

Michael Heilmann · Answer

A store has an obligation to warn unless the danger is open and obvious. In this case, the Court may determine that the so called danger is visible on casual inspection and the store did not have a duty to warn.

Eric Chandler · Answer

Possibly. Slip and fall cases are generall tough; however, if the drop off was poorly marked or not marked at all, your mother may have a decent case.

Francis Paul Hajek · Answer

In these type of personal injury cases, liability depends on the specific facts of each case.  A close examination of the site where the injury occurred is necessary.  The victim also has to explain, reasonably, why she did not appreciate the curb.  The defense is that the curb is open and obvious.  I would consult an experienced injury attorney to get an evaluation.  Make sure that you take pictures of the scene with you.

Stephen Lombardi · Answer

We recently settled a similar case for a woman with a torn  shoulder muscle due  to slipping on a wet entry floor. I'll warn you the larger  department stores the  "loss prevention" departments are very good at asking  questions in such a way as  to give the impression it was all your fault. They  are like spies working  undercover as double agents making the injured  person believe their friendliness  means they are your friend. But don't ever  mistake a friendly person with a  person that is a real friend. The assassin  smiles at you just before it cuts  your throat for financial gain.   Loss  prevention departments have only two reasons to speak with you and  none are in  your favor. 1. Find a way to deny their claim. Or 2. Find a way  to pay her less  than the law allows. It doesn't get any simpler than that  now does it.    See  a lawyer because youre outgunned by the loss prevention  professionals.

Diane Marilyn Sternlieb · Answer

If she can show this curb was difficult for a reasonable patron to miss and that the cost and burden to paint or mark it was small compared to the harm. You have a good chance of recovery. Also of it was a new store. Patrons would have no way to even know the layout of the store.

Jared Altman · Answer

Possibly. It all depends on the exact circumstances. If so, it's a big case.

Mark Leonardo · Answer

Trip and fall cases are hard and are disfavored in the law.  But under the right circumstances, you can recover fully from the property owner.  The store would likely have an insurance policy with a med-pay provision (usually $5,000) that will pay for medical expenses.  But if you want to collect for pain and suffering and for loss of earnings, you would need to bring a claim.  You would likely need an expert to attest that the unmarked curb constitutes a hazard.

Irving Blank · Answer

Tough case.  If she shares responsibility she has no case in Virginia.  You will need an expert to opine that the curb was dangerous and the supermarket knew or should have known it was dangerous.

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Is a store liable if my mother fell and broke her hip?

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