QUESTION
Is an insurance carrier for a store allowed to choose not to let a customer see store video?
Asked on May 28th, 2013 on Personal Injury - California
More details to this question:
I fell in store and need ten visits with chiropractor. Now ins carrier is demanding I take settlement of $820 the or take them to court. They claim they meet the law that states they knew their was uncleaned liquid on the floor. That it happened minutes before I came along.
13 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Generally premises owners have to have notice of a dangerous condition and enough time to clean it up before any liability could attach. However, Michigan also has adopted the open and obvious doctrine that indicates there is no duty to warn of or clean up open and obvious hazards (unless they were created by the premises owner or there is an exception to the open and obvious rule). It is usually best to explore your facts with local Michigan counsel that regularly handles premises cases for an opinion about your situation. Oftentimes, the premises owner will have medical pay coverage that can cover medical expenses up to the limit of such coverage and without regard to fault or negligence or whether Michigan law allows a negligence claim. You may want to ask the adjuster about making such payments. As to the liability claim/coverage, it sounds like you may well have a tough case in Michigan. The store/their insurer is not obligated to show you a tape of the area/spill/incident unless you file suit and request same.
Answered on May 30th, 2013 at 10:47 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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The store and its insurer do not have to show you anything - until you file a law suit and get the right to obtain that evidence as part of the discovery process. In your case, the insurance company behaves in a typical way - it tries to bully you into accepting a low-ball settlement. Don't get outraged: an insurer is not obligated, morally or legally, to "do the right thing". An insurer is not in the business to fairly compensate you for your injury, it is in the business to make money for its owners - and for that, it has to pay you as little as it can get away with. If you retain an attorney, it is a fairly safe bet that the insurance company will, at least, triple their offer just on learning that you have a professional representation.
Answered on May 29th, 2013 at 10:24 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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The insurance carrier is not legally required to let you see the video UNTIL/UNLESS you serve them with a subpoena or discovery request during an already-filed lawsuit against the store. Once you file the lawsuit, the law allows you to demand a copy of any video they may have on the incident.
Answered on May 29th, 2013 at 9:12 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you want to see the video, you will have to sue them and request a copy.
Answered on May 29th, 2013 at 9:08 PM
Thomas Edward Gates
Retain an attorney, you will not make any progress with the insurance carrier.
Answered on May 29th, 2013 at 8:36 PM
James Eugene Hasser
You can get the video, but it sounds like you will have to sue them to do it. Put them on notice in writing to preserve the video. Look for a lawyer familiar with premises liability law.
Answered on May 29th, 2013 at 11:10 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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In order to win a slip and fall you must prove that the condition had existed for a period of time and that the store had time to become aware of it and clean it up and did not. they apparently are claiming that the incident happened moments before and there was not sufficient time to clean it up. Sounds like you might not have much of a case. they can do whatever they please with their tapes. If you get to court you can subpoena them but to what end. What will that prove?
Answered on May 29th, 2013 at 11:10 AM
Yes. Until you file suit they don't have to show you the video. After you file suit they do in discovery.
Answered on May 29th, 2013 at 11:09 AM
Ronald A. Steinberg
Yes.
Answered on May 29th, 2013 at 11:09 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Sounds like you don't have a lawyer. Not working out too well, is it? Yes they can refuse to let you see the video, that is until a formal lawsuit is filed. But, you have to engage in the correct discovery procedures. Lawyers know how to do that. We also know how to effectively negotiate with insurance companies.
Answered on May 29th, 2013 at 11:08 AM
Lisa Hurtado McDonnell
They don't have to show you the video until you file a lawsuit and ask for it in discovery. Ask for a copy of their general liability policy. You don't have to accept their offer however you may have to take them to court to collect more.
Answered on May 28th, 2013 at 10:02 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you. Thank you for your email, and we look forward to hearing from you.
Answered on May 28th, 2013 at 10:01 PM
You could subpoena the store video once you file a lawsuit but they likely will try to prevent you from getting it. It may be very difficult to prove that they had adequate notice or time to clean up the floor so that there was no negligence on their part. The chiropractor may be willing to reduce his charges so that you do recover something from the claim. Insurance companies do not like to pay for DC treatment. You need to argue with them that physical therapy and an MD visit would have cost more. The small claims court normally does not award much for pain and suffering.
Answered on May 28th, 2013 at 9:32 PM