My grandpa fell in a store parking lot today...

Question

He fell on a piece of plastic and hit the blacktop hard. He was seriously injured. He went to the hospital, and an x-ray showed he had a broken vertebra in his neck. The store took his information, but offered no help. He can now, barely walk, and is possible going to get an MRI tomorrow. Should he contact a lawyer?? Also, breaking a vertebra, will he have to go through surgery? Just curious... Should he sue for hospital expenses and pain and suffering?? If so, will he ask for a settlement or will they offer something?

Answer 1

Absolutely get your own attorney, because the store is going to have it's attornies see if they can get away by paying you as little as possible and your poor grandpa will be stuck with a pile medical bills.  If he can't pay, the hospital and the doctors will sue him and possiably take his house away.  So don't take chances, call a "Personal Injury Attorney"  and they won't charge you a dime. You can usually find them in the yellow pages.

Answer 2

I can't offer true legal advice, but a similar situation happened with my Grandmother in 1995 at a public high school. The school had very short carpeted steps and had no distinct level markings and she fell and broke both of her ankles, had to have major reconstructive surgery and physical therapy and never fully regained the use of either. She was approached by personal injury lawyers while she was in the hospital. The school board lawyer actually came in and offered a settlement. (She refused, and chose not to sue - I asked her if she bumped her head too..) but obviously there were grounds for her to be able to sue. The school marked the level difference the very next day and added watch your step signs to the area.

If you are interested in pursuing a suit against the store, call a lawyer, most offer a consultation for free, give them the details and they will tell you whether or not you have the grounds to or not. I am sorry for his accident and hope that he fully recovers.

Oh, and just a personal note, most "offers" are like the least amount - and could probably get more.. my suggestion, make the call and don't talk to any representative from the company until you talk to a lawyer. Good Luck and best wishes!

Answer 3

That is so unnecessary to sue the store. You're stealing money from them. It was his fault he fell! Not the store's. That is just wrong. One time, a guy jumped off a little barrier, and he kicked me in my head. I got 5 stiches. I could've easily sued him, but I didn't because it was an accident. This wasn't even the stores fault. Do the world a favor and leave the store alone.

Answer 4

I'm sorry about your grandpa and I'm sure you could find a lawyer to take your case. However, do you REALLY feel the store should be held responsible? Elderly people are often unsteady on their feet and if the store had to employ extra people to patrol the lot for any bit of plastic we would only pay higher prices inside. The fact that so many people are filing lawsuits costs us all in many ways.

Answer 5

A lawsuit involves someone doing something wrong.  Something like being negligent.  As you didn't mention anyone being negligent, you didn't mention grounds for a lawsuit.  The store is not a guarantor of safety.  They cannot guarantee that no one will fall.  Instead, they only have to refrain from being negligent.

Answer 6

Your Grandpa can sue for the tort of negligence.  The question is whether he will win.  Before I answer your question, I want to say that it would be wise to consult with an attorney.  You can consult with a personal injury attorney for free.  They will tell you your options and if they think you have a strong enough case, they will take you as a client.

To sue for negligence you need to show four things 1) the store had a duty of care to your grandfather, 2) they breached that duty, 3) that breach of duty cause the injury, and 4) there was a damage.

The fourth part is easily satisfied as your grandfather has real injuries that require medical attention.

1) Does the store have a duty of care?

Almost certainly yes.  When someone goes into a store, they expect that it will be free of hazards that cause injury.  The store has a duty to all its customers to maintain a safe environment.

2) Did the store breach its duty of care?

It depends.  You need to give more facts here.  What was the piece of plastic from?  Did it fall off a shopping cart that wasn't maintained properly?  Or did another person drop it out of the back of their car?  If, for example, some customer littered a Coke bottle, and 5 seconds later your grandfather stepped on it, the store would not be liable because the Coke bottle was not under the instrumentality of the store.  But if someone had complained about trash laying in the parking lot, and the store did nothing to fix it, then they may have breached there duty.  This is really a fact sensitive question, which is why you need to consult an attorney.

3) did the plastic cause the injury?

It is safe to say that but for the plastic laying there, your grandfather would not have slipped.  Also, the age of your grandfather doesn't matter.  There is a rule that a person who causes an injury is liable for all injuries that occurred despite the physical condition of the person injured.

For your other questions.  I can only say that a personal injury attorney will know what to sue for.  This doesn't sound like a complicated case and any attorney with a couple years of experience in the area will be well equipped to  handle this case.  Will they settle?  It is almost always in the best interest of BOTH parties to settle.  And 90 percent of cases do.  But before you can settle, you need to show that the store has a lot to lose by not settling.

I hope this helps.  I wish you the best.

Answer 7

Yes, the store is liable for any piece of trash on the way of their customers.  There should be a personnel in charge of overlooking the store premises.

To find a lawyer near and to know more about your options, go to this site:  http://www.legalisticminds.com

Answer 8

Yes he should it was on their property. they are responsible.  and yes those are exactly the things he should sue for. as for the med idk lol im just an attorney not a doctor best of luck.

guy above me is wrong. its up to you whether or not you want to sue. but his situation he CHOSE not to pursue it. HIS CHOICE.

Answer 9

Sorry about pop but unless you can prove that the store parking lot was not swept clean and there was a considerable amount of litter, its a tough case to prove. I hope you took pictures.

Answer 10

Yes, he should DEFINITELY contact an attorney.  Businesses (and homeowners) carry insurance that covers that.  

He should get his expenses and any loss paid for.  He should get some for pain, as well, but I hope that his attorney is not a bloodthirsty pig who sues for some outlandish amount.  

They will probably offer to pay for expenses, and perhaps a little something for pain.  Get the attorney, but do not let them goad you into suing for $50 million or something.

ADDED:  I cannot believe these people who think that he does not have a case for even his medical bills.  A friend of mine tripped stepping down bleachers, which were lined for traction, etc.  She broke her hip.   She got her medical bills paid, and was awarded $250,000 after her attorney asked for $1 million.  She said that if they paid her attorney his $100,000 (40% of $250,000) and her $50,000, that was enough.  The establishment (in this case store) has insurance for that very thing.    

If someone walks onto my property trips on my step to my front door, my homeowners insurance would pay with NO FAULT OF MY OWN.  I could even have signs which say.  "SMALL STEP DO NOT TRIP" and my homeowners insurance would still pay.  This is the same situation.

Answer 11

My sympathies.

Store staff are responsible for keeping their premises clean and safe for customers; however, I'm not sure if that same rule applies to exterior parking lots. Your best bet is to consult with a lawyer and ask if there is a valid case here. Try and find a lawyer who collects a fee based on the settlement earned (this way, the lawyer will be more motivated ...).

While everything is still fresh in your mind, write down a complete description of everything that happened (including time, date, location, etc.). Record any witnesses names and contact information as well.