Who pays my medical bills if I fell at a department store?

Question

I was shopping at a clothing store and fell and hurt myself on a puddle of water in the dressing room from a leak in the ceiling. I reported it to the manger she said she knew about the leak that it had been that way for awhile. There were no wet floor signs anywhere in the store. She took my information and wrote it on the back of a receipt and said someone would contact me. I went to the hospital and they put me in a knee brace and said I needed to contact an Orthopedic surgeon. Do they have to pay my medical bills?

Barry Rabovsky · Answer

You may have a case, based upon the information that you have supplied.

Eric Rothstein · Answer

If their insurance has med pay, they will pay your bills up to the policy limit regardless of negligence. If they don't have med may, you would have to negotiate with their carrier and show they had notice of a dangerous condition. If your injury turns out to be serious, you may consider pursuing a suit for your pain and suffering and economic loss. I recommend you contact a personal injury attorney asap so a letter can be sent to preserve any surveillance that may show the accident.

Tim Jones · Answer

As a general rule, the insurance company representing the department store will not immediately process and pay your medical bills.  Some stores will agree to pay a set amount without an admission of wrongdoing.  Typically, the insurance company will have to be persuaded to accept responsibility for your injuries and repayment of your bills.  This occurs after a claim is presented, and either a settlement or trial occurs.  In the meantime, you should encourage medical providers to bill your personal insurance.

Timothy Riley · Answer

The retail store does not have to pay your medical bills automatically, simply because you were injured in the store.  However, if the store negligently failed to make the premises safe, resulting in your injury, you may have a good liability claim.  If the manager will admit later that she knew about the leak for a significant time before the fall, under the facts as you describe them this sounds like a relatively strong claim.    Some retail stores also carry a particular type of insurance, known as premises medical coverage, which will pay your medical expenses for any injury occurring on the premises, regardless of fault.  The limits are usually fairly small and recovery is strictly limited to reimbursement for paid medical expenses.    You should retain competent Texas legal counsel to assist you in prosecuting your claim.  You have only 2 years from the incident to get your suit filed.

Josh Lamborn · Answer

Generally speaking an injured party is responsible for paying their own medical bills until the case is settled.  Some businesses carry a no fault coverage rider on their policy that may cover your medical bills until the case is settled.  This is similar to the no fault provisions on car insurance policies (Personal Injury Protection in Oregon).  You should inquire of the adjuster for the store's insurance if they have such a policy.  If not your or your private health insurance will be responsible for the medical costs.  If the case is settled or decided in court in your favor, then the defendant will have to reimburse you for your costs as well as your pain and suffering.

Vincent Bernabei · Answer

The store should be responsible because they caused or were aware of the dangerous condition and did not take reasonable precautions, and you were an invitee on the premises.  You may be entitled to much more than your medical bills.

Thomas Patton · Answer

In the factual situation you describe, yes, they should be liable for your medical bills and other damages. The other damages would include compensation for pain and suffering. You should consult a local attorney in the state where you wee injured.

Gregory Casale · Answer

You certainly should have an attorney representing you against the Department store. They should be ultimately be responsible. However, in the meantime you will probably have to submit them to your own insurance company or ask the doctor to be patient until the suit is settled. The problem with submitting them to your insurance company is that they will probably put a lien on your case until they are paid. If the doctors won't wait, you will have no choice but to submit them to your insurer.

Garrett S. Handy · Answer

Yes, I believe the department store would be liable to pay your medical bills. These are difficult cases, but if you can show that they had notice of the problem, and had an opportunity to fix it or warn you, and they didnt, then they should be held liable. In addition to your medical bills, you may be entitled to money for pain and suffering and lost wages if any.

Joseph Lipsky · Answer

Pursuant to Florida Law, if the owner or operator of a business either knew or should have known of a dangerous condition on the property, such as liquid on the floor, then that business operator is responsible for the damages caused by their failure  to timely correct such a dangerous condition.  While is it unlikely that the department store will voluntarily pay your medical bills directly, they will ultimately have to pay them if the store is proven to have acted negligently.  We certainly suggest that you contact an experienced Florida personal injury attorney.

Earl Straight · Answer

I would certainly take the position that they should pay your medical bills, as well as pain and suffering damages.  The store, or their insurance company may disagree, but that is what lawsuits are for, to force defendants to take responsibility for their actions.

Timothy Klisz · Answer

There is a lot more than just medical bills at play here. You have the lost wages, pain and suffering and more. This sounds like a very good case and I would love the opportunity to speak to you about representation.

Steven D. Dunnings · Answer

It depends on what insurance coverage exists, if any.

Mark Sternlicht · Answer

If the store's negligence caused your injuries, the store may be held liable. If you make a claim, you are probably going to be dealing with the store's insurance company, so it would be a good idea to consult an attorney with experience with claims like this. In addition, the store may have medical payments insurance coverage that will pay your medical bills up to the limits of the policy (usually less than $10,000) without regard to fault.

Marty Judnich · Answer

You have several complicated questions here. No slip and fall injury creates a clear liability case. By that I mean that most store's don't just pay your bills and be done with you. Instead, in Montana, they typically don't want to pay anything at all, unless they have what is called premises medical payment coverage. Not everyone has it, but some stores do. That coverage is for injuries such as yours to go toward medical bills, but it is usually only a couple of thousand dollars. If your bills are more than that, you would have to pursue a larger bodily injury claim against the store. This is always a delicate process and typically very frustrating. The short answer is no, they don't HAVE to pay your medical bills. With the right attorney and facts consistent with what you have stated, you could have a very good claim.

David Stoddard · Answer

The store is responsible for your bills if its negligence caused our fall. Since the store was aware of the leak, a court would likely find the store negligent and require that they pay our bills.  However, the manger may lie in court and deny knowledge of the leak, and deny admitting it to you. The store will not pay the bills as they are incurred the way health insurance does, but will want to settled the whole claim with one check for all of the bills after they have been incurred, along with any pain and suffering you may be entitled to. Thus, you should use any health insurance you have until you can settle your case. If you have no insurance, you must pay the bills until you can settle your case, or get the doctor to let the bill accumulate until you settle the case. Many doctors will not do this.  Some will if you have an attorney and the attorney signs a document promising to pay the doctor out of any settlement proceeds.

Lyle Masnikoff · Answer

They should.  You should hire a personal injury attorney

Lawrence Ramunno · Answer

You may have a claim for medical expenses, lost wages and pain and suffering. You should discuss with a lawyer who handles these types of accidents.

Paul Whitfield · Answer

Sounds like a case you can prove. If they don't follow up by contacting you try again with the manager and if no res[ponse get you a lawyer. Make sure you get proper medical care.

Steven Fink · Answer

The store should pay the bills. If they do not you can sue them for your bills and your pain and suffering

James Kelaher · Answer

If an employee of the department store knew about the leak, then you should consult a lawyer promptly. Hopefully, you got the name of the employee who made that statement to you. If you did not, then go back to the store and see if you can find that employee and get her name. That employee's statement puts actual notice on the department store, and they are responsible for your fall, the medical bills and even your pain and suffering. I would consult a lawyer in your area who has a good reputation for handling personal injury cases.

Jared Altman · Answer

You may gave a great case. Ultimately, the store may be responsible for all of your bills and much, much more. You need to hire a personal injury attorney right away.

Mark Leonardo · Answer

They should be held responsible for not only your medical bills but pain, suffering and inconvenience as well.  You can deal with this on your own and get your reasonable medical bills covered and maybe a little extra, or retain an attorney who has the experience to recover much more than you probably could on your own.

William Allen · Answer

If the manager admitted it had been leaking in that area and there were no signs, then yes the store should be responsible for your bills.

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