Question about liability of a business?

Question

My wife was injured by flying glass at a grocery chain store recently. I was told by the insurance adjuster for the store that since the flying glass was a result of another customer dropping a glass bottle, the store itself was not liable for any damage and that I would have to go after the individual customer's home insurance policy to cover for medical expenses,etc. I live in the state of Texas.

Is there any truth to their explanation or are they BSing me to get out of having to pay for medical expenses?

Thanks

Answer 1

Contact a personal injury attorney in Texas.  Take the guessing out of it.

Answer 2

True.  Ultimately, a judge would say if the store was liable.  But practically, they have to be NEGLIGENT or cause the damage in some way.

Just the fact that she was in their store, when she was injured, does NOT make them automatically negligent!  In her case, she can sue the person who dropped the glass bottle.  THEY are actually the person who caused her injury, not the store.

On the other hand, if YOU had dropped the bottle, at home, would you expect her to sue you? Or would you guys just get on with life?  

Bad stuff happens.  Sometimes it's an accident.  Just because something bad happens, does NOT mean, someone else has to pay for it.  Sorry.

** And regarding the medical payments - many stores do NOT carry medical payments on their GL policy, because of the cost.  It's really expensive to carry a no fault coverage like that, for a risk with that heavy foot traffic.  SEVERAL of my clients, that operate grocery stores in Houston, I know, for SURE, because I've seen the policies, have no med pay coverage.**

Answer 3

its bs - they have coverage on their liability policy (called Medical payments) to cover claims such as this.

Answer 4

They have medical payments coverage on their commercial policy. It pays regardless of the fault. If they don't pay the medical bills, make a formal complaint to the insurance department. If you have to, sue. They'll pay.