The Birdhouse Lady
Drama Llama
Moose. It's what's for dinner.
Posts: 7,169
Location: Alaska -The Last Frontier
Jun 30, 2014 17:15:19 GMT
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Post by The Birdhouse Lady on Jun 15, 2016 18:38:11 GMT
So say that on a busy Saturday afternoon you run into the grocery store to pick up a couple of things.
While going through the produce section you slip on a green bean and end up breaking your leg.
You are taken to the hospital by ambulance and end up having surgery that requires plates and screws followed up by a three day stay.
You will not be able to put any weight on that leg for at least 7 weeks.
You will not be able to go to your part time job that you recently started.
Is the grocery store (very large corporation) liable to pay for all costs incurred from this accident?
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Deleted
Posts: 0
May 14, 2024 17:03:24 GMT
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Post by Deleted on Jun 15, 2016 18:43:45 GMT
Every one of these cases I have heard of, the store pays.
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Post by padresfan619 on Jun 15, 2016 18:44:23 GMT
Yes.
I slipped and fell in a grocery store and ended up having surgery on my arm because of the injury I sustained. The store covered everything from surgery to PT.
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Post by pierkiss on Jun 15, 2016 18:44:39 GMT
Yes the store should pay.
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psiluvu
Pearl Clutcher
Posts: 3,217
Location: Canada's Capital
Jun 25, 2014 22:52:26 GMT
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Post by psiluvu on Jun 15, 2016 18:45:18 GMT
The store's insurance company will pay.
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Post by myshelly on Jun 15, 2016 18:46:38 GMT
The store's insurance company will pay.
What amount they pay will vary from state to state because different states have different caps on different types of damages.
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Post by whopea on Jun 15, 2016 18:54:33 GMT
I'm so sorry if this happened to you! I think the store's insurance should pay for these costs.
I sustained an injury under similar circumstances, although not as serious. The company paid for my medical bills but nothing beyond that, such as expenses I incurred for things I was unable to do on my own.
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The Birdhouse Lady
Drama Llama
Moose. It's what's for dinner.
Posts: 7,169
Location: Alaska -The Last Frontier
Jun 30, 2014 17:15:19 GMT
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Post by The Birdhouse Lady on Jun 15, 2016 19:08:29 GMT
This happened to a good friend of mine.
Although it is a sucky situation I am not totally sure that they are liable. Wouldn't the store have to have known that the green bean was there and purposefully not pick it up to be liable?
I think it would be great if they did pay for her medical bills.
I have a sneaking suspicion that her husband (whom I do not like) is going to go sue crazy. That I can not support.
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caangel
Drama Llama
Posts: 5,458
Location: So Cal
Jun 26, 2014 16:42:12 GMT
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Post by caangel on Jun 15, 2016 19:19:45 GMT
My understanding is that this is what property insurance is for. If she broke her arm at your house her insurance will go after your insurance for payment. If the injured person was doing something forbidden or extremely risky when they got hurt I could see the property insurance possibly fighting the claim but I think it the end they would still end up paying at least part of the costs.
FWIW I have no experience with this type of situation.
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calgal08
Pearl Clutcher
Posts: 2,519
Jun 27, 2014 15:43:46 GMT
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Post by calgal08 on Jun 15, 2016 19:23:39 GMT
I'm guessing when the incident happened the store knew immediately and helped get your friend immediate medical help, right? Yes, this is what insurance is for, but it also has to be proven that the fault is with the grocery store, just saying...
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Post by myshelly on Jun 15, 2016 19:27:37 GMT
This happened to a good friend of mine. Although it is a sucky situation I am not totally sure that they are liable. Wouldn't the store have to have known that the green bean was there and purposefully not pick it up to be liable? I think it would be great if they did pay for her medical bills. I have a sneaking suspicion that her husband (whom I do not like) is going to go sue crazy. That I can not support. No, they do not have to know about the green bean. Here's the thing about the "sue crazy" perception that people don't understand. Sometimes the individual does not have a choice about whether he sues. Your health insurance will ask what happened and where it happened because your *insurance company* wants someone else to be liable for the costs. Your insurance company can decide to go after the property owner's insurance company even if you don't want to sue. And if you don't cooperate your insurance company can deny converge. The lawsuit will still be styled in your name. In the case you talked about in the OP, the husband may want to sue because their health insurance is giving them a hard time about it.
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gottapeanow
Pearl Clutcher
Posts: 2,752
Jun 25, 2014 20:56:09 GMT
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Post by gottapeanow on Jun 15, 2016 19:34:04 GMT
^^^ What MyShelley said.
The store has a "duty of care" in these cases and is liable even if they did not know that the green bean was there.
Lisa
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MsKnit
Pearl Clutcher
RefuPea #1406
Posts: 2,648
Jun 26, 2014 19:06:42 GMT
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Post by MsKnit on Jun 15, 2016 19:34:21 GMT
No, they do not have to know about the green bean. Here's the thing about the "sue crazy" perception that people don't understand. Sometimes the individual does not have a choice about whether he sues. Your health insurance will ask what happened and where it happened because your *insurance company* wants someone else to be liable for the costs. Your insurance company can decide to go after the property owner's insurance company even if you don't want to sue. And if you don't cooperate your insurance company can deny converge. The lawsuit will still be styled in your name. In the case you talked about in the OP, the husband may want to sue because their health insurance is giving them a hard time about it. This is so true! Shortly after my husband's bicycle accident, the insurance company sent a questionnaire. They were searching for someone responsible for the accident. We had a good laugh about it. Really, were they going to sue the deer for crossing in an inappropriate place? Or, perhaps the state because they allow those pesky deer to run wild? The insurance company will go after the grocery store.
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basketdiva
Pearl Clutcher
Posts: 3,617
Jun 26, 2014 11:45:09 GMT
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Post by basketdiva on Jun 15, 2016 19:39:51 GMT
This happened to a good friend of mine. Although it is a sucky situation I am not totally sure that they are liable. Wouldn't the store have to have known that the green bean was there and purposefully not pick it up to be liable? I think it would be great if they did pay for her medical bills. I have a sneaking suspicion that her husband (whom I do not like) is going to go sue crazy. That I can not support. No, they do not have to know about the green bean. Here's the thing about the "sue crazy" perception that people don't understand. Sometimes the individual does not have a choice about whether he sues. Your health insurance will ask what happened and where it happened because your *insurance company* wants someone else to be liable for the costs. Your insurance company can decide to go after the property owner's insurance company even if you don't want to sue. And if you don't cooperate your insurance company can deny converge. The lawsuit will still be styled in your name. In the case you talked about in the OP, the husband may want to sue because their health insurance is giving them a hard time about it. The husband needs to keep in mind that if he sues, the insurance company can come to him to be reimbursed for all monies they paid out. After repaying the insurance company and a lawyer, he may not get anything.
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Deleted
Posts: 0
May 14, 2024 17:03:25 GMT
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Post by Deleted on Jun 15, 2016 19:41:25 GMT
It's called "life happens...people fall down and break bones...oh well". I fell on a cruise ship, broke my knee in 3 places, missed my cruise as did my husband, had to have surgery in Miami, was hospitalized for 9 days, have 4 screws and 2 plates. So while I am not a lawyer, I do know a little bit about accidents.
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Post by giatocj on Jun 15, 2016 20:05:44 GMT
Yes. I fell at the mall two years ago and broke my wrist (the day before we were leaving on vacation, no less!!) and the mall management company covered everything. I was just bummed that I missed out on my oldest grandson's first whitewater rafting adventure during that trip .
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scrapaddie
Drama Llama
Posts: 5,090
Jul 8, 2014 20:17:31 GMT
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Post by scrapaddie on Jun 15, 2016 20:17:04 GMT
This happened to a good friend of mine. Although it is a sucky situation I am not totally sure that they are liable. Wouldn't the store have to have known that the green bean was there and purposefully not pick it up to be liable? I think it would be great if they did pay for her medical bills. I have a sneaking suspicion that her husband (whom I do not like) is going to go sue crazy. That I can not support. No, they do not have to know about the green bean. Here's the thing about the "sue crazy" perception that people don't understand. Sometimes the individual does not have a choice about whether he sues. Your health insurance will ask what happened and where it happened because your *insurance company* wants someone else to be liable for the costs. Your insurance company can decide to go after the property owner's insurance company even if you don't want to sue. And if you don't cooperate your insurance company can deny converge. The lawsuit will still be styled in your name. In the case you talked about in the OP, the husband may want to sue because their health insurance is giving them a hard time about it. Something else many people do not understand is that the insurance company gets paid back if you win an award for your injuries. So, a 500,000 dollar award may seem huge, until the insurance company is paid back for all they have spent on your care
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Post by buddysmom on Jun 15, 2016 21:06:00 GMT
I would think that the grocery store would be responsible to pay.
A couple of months ago I was in Publix.
I was moving around a couple plastic containers of fresh mixed fruit on a shelf. One slipped, fell to the ground and broke open. Fruit went all over. I ran (well almost ran) up front to tell someone. Immediately someone came. I walked back with him to show him where it was so that he could clean it up.
It was already cleaned up by someone else. This was all done in probably less than a minute. Stores-especially Publix- seem to really be on the ball on things like this.
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Post by kellybelly77 on Jun 15, 2016 21:09:49 GMT
My understanding is that this is what property insurance is for. If she broke her arm at your house her insurance will go after your insurance for payment. If the injured person was doing something forbidden or extremely risky when they got hurt I could see the property insurance possibly fighting the claim but I think it the end they would still end up paying at least part of the costs. FWIW I have no experience with this type of situation. My dh had an acquaintance who brought a friend to our house once. The friend slipped on our front porch and fell shattering his ankle. He sued our homeowners company indicating that a recent snowfall caused him to fall. And that we were liable as we did not remove the snow. The insurance company denied the claim and eventually won because it had only recently started snowing and he had a duty to exercise caution. He had no health insurance at the time and I am sure that whole hospital/surgery/recovery bill was pricey. Our homeowners paid nothing.
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Post by not2peased on Jun 16, 2016 13:38:54 GMT
my MIL slipped on a grape at a grocery store and broke her arm. the store paid for all her medical bills
I can virtually guarantee if they hadn't, her health insurance provider would have gone after the store. almost every time I have been seen in the ER for an injury, I always get a detailed form to fill out after, asking if my injury was the result of a MVA or other accident.
she wasn't interested in damages but she didn't want to have to pay out of pocket for anything either.
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garcia5050
Pearl Clutcher
Posts: 2,729
Location: So. Calif.
Jun 25, 2014 23:22:29 GMT
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Post by garcia5050 on Jun 16, 2016 13:52:59 GMT
Readers digest had an article that l loved about a store/spill scenario. The spill occurred and a worker immediately placed a caution sign at the location of a spill and went to get the cleaning supplies. Within 2 minutes (maybe less), a kid was running around and knocked over the sign. A minute later, a lady slipped and broke a bone. She was trying to get an arm and a leg from the store, but the case was ruled in the store's favor, as they did everything right and in a timely manner. They couldn't have foreseen the kid's action. This was all on store video.
So I guess it could also depend on timing and whether the store was negligent.
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Post by cade387 on Jun 16, 2016 14:25:09 GMT
He shouldn't have to sue necessarily. As others have said, the injured party's insurance will go after the store's insurance to cover all costs. That wouldn't be a sue worthy event.
If the husband has decided to sue for 50 million in pain and suffering that is different. It is worth it to examine of quality of life is affected for the long term. Will it cause future medical conditions that aren't visible now? Is there an extended loss of income or potential for job loss during recovery? Those kinds of things are serious and could be "sue worthy" but I would expect a lawyer would help to make that assessment.
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Post by lucyg on Jun 16, 2016 16:40:55 GMT
I'm just thrilled to be called an armchair lawyer.
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Post by supersoda on Jun 16, 2016 17:56:04 GMT
There's actually a large body of case law on food related slip and falls. It depends on the facts and many of the cases analyze how long the item was on the floor (was the grape brown or green), did the store know about it, should the store have known about it, what protective measures did the store take?
Just because the store has insurance doesn't mean it's going to pay the claim. Insurance companies fight like hell to avoid paying claims all the time. Half the lawyers in my city are insurance defense lawyers fighting claims against insurance policies.
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Post by allison1954 on Jun 16, 2016 18:21:30 GMT
There's actually a large body of case law on food related slip and falls. It depends on the facts and many of the cases analyze how long the item was on the floor (was the grape brown or green), did the store know about it, should the store have known about it, what protective measures did the store take? Just because the store has insurance doesn't mean it's going to pay the claim. Insurance companies fight like hell to avoid paying claims all the time. Half the lawyers in my city are insurance defense lawyers fighting claims against insurance policies.
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Post by allison1954 on Jun 16, 2016 18:24:29 GMT
My DH is a mediator and we deal with these all the time. Super soda is right. There is a point that says that if the store should have seen it to fix the problem, the customer should have seen it to avoid it. It is never cut and dried.
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Post by anniefb on Jun 16, 2016 18:28:59 GMT
So say that on a busy Saturday afternoon you run into the grocery store to pick up a couple of things.
While going through the produce section you slip on a green bean and end up breaking your leg.
You are taken to the hospital by ambulance and end up having surgery that requires plates and screws followed up by a three day stay.
You will not be able to put any weight on that leg for at least 7 weeks.
You will not be able to go to your part time job that you recently started.
Is the grocery store (very large corporation) liable to pay for all costs incurred from this accident?
Well, not in New Zealand - we can't sue for personal injury. However treatment for your accident is free and you're also entitled to compensation for loss of earnings while you're out of action. This is all covered by a state run 'Accident Compensation' scheme funded by levies from business and employees. SaveSave
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The Birdhouse Lady
Drama Llama
Moose. It's what's for dinner.
Posts: 7,169
Location: Alaska -The Last Frontier
Jun 30, 2014 17:15:19 GMT
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Post by The Birdhouse Lady on Jun 17, 2016 0:27:01 GMT
There is a point that says that if the store should have seen it to fix the problem, the customer should have seen it to avoid it. This is what I was thinking.
Don't get me wrong, I want for her medical bills to be taken care of either by her insurance or the grocery stores.
Her husband is what bugs me. They are all lawyered up and getting ready for a fight. I think he wants the moon and more.
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momto4kiddos
Drama Llama
Posts: 5,151
Jun 26, 2014 11:45:15 GMT
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Post by momto4kiddos on Jun 17, 2016 11:17:20 GMT
This happened to a good friend of mine. Although it is a sucky situation I am not totally sure that they are liable. Wouldn't the store have to have known that the green bean was there and purposefully not pick it up to be liable? I think it would be great if they did pay for her medical bills. I have a sneaking suspicion that her husband (whom I do not like) is going to go sue crazy. That I can not support. The first thing a lot of health insurance companies ask when an injury occurs is where did it happen. They're looking for someone else to be responsible for the bill. In this case, the grocery store is going to be responsible because it happened on their property. My kids have broken bones doing normal childhood things...I've gotten the letter asking for details of how it occurred almost every time. They're hoping they can hand the bills off to another insurance company
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Post by Merge on Jun 17, 2016 11:31:01 GMT
No, they do not have to know about the green bean. Here's the thing about the "sue crazy" perception that people don't understand. Sometimes the individual does not have a choice about whether he sues. Your health insurance will ask what happened and where it happened because your *insurance company* wants someone else to be liable for the costs. Your insurance company can decide to go after the property owner's insurance company even if you don't want to sue. And if you don't cooperate your insurance company can deny converge. The lawsuit will still be styled in your name. In the case you talked about in the OP, the husband may want to sue because their health insurance is giving them a hard time about it. The husband needs to keep in mind that if he sues, the insurance company can come to him to be reimbursed for all monies they paid out. After repaying the insurance company and a lawyer, he may not get anything. Yep. This was the case when my parents were killed. My dad was in the ICU with traumatic brain injury for 11 days and had two surgeries. We sued the guy who did it and his boat insurance paid, but dad's medical insurance took most of it. I can see suing in this case to recover the cost of medical treatment and lost wages, but would look askance at someone who tried to get punitive or pain and suffering damages for slipping on a green bean. I know the store is generally held liable in these cases, but I also think we as consumers have a responsibility to look where we're walking.
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