If you get hurt on someone's property, should their insurance to cover your medical bills? 17 Answers as of January 24, 2013

My 82-year old mom was bumped from behind by another customer’s flatbed cart. She fell and bumped her head on the floor. I took her to urgent care and they did a CT scan. No skull fracture was found. In the four days since this happened, her pain is spreading to her whole head, her neck, jaw, and shoulder. The store says they will not help with her medical bills because it wasn't their fault.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Your claim is against the customer that hit her. The store had nothing to do with the accident, and so the store will not have to pay anything. However, some insurance policies will pay a certain amount of medical bills for accidents that occur on the property. If the store's insurance will do that, then go for it. But, I would identify the customer and make your claim against him/her.
Answer Applies to: Michigan
Replied: 1/24/2013
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
Get an attorney. She might have a case against the business.
Answer Applies to: Alabama
Replied: 1/21/2013
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
A property owner or business proprietor can be held liable for known hazards that could foreseeably result in injury. In order to make a claim the injured party has to show either that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action or that the property owner created the hazard. So, the store management is correct that it is not their fault. But there is another possibility: some property liability insurance policies include a provision called a "medical payments provision". Although it is not required, this provision will pay medical expenses up to a certain amount, regardless of fault. Also, if you can find out who the other customer was, you can make a claim against that person and his/her homeowner's insurance (if they have it) should pay.
Answer Applies to: New York
Replied: 1/22/2013
David F. Stoddard
David F. Stoddard | David F. Stoddard
The Store is correct. The store has to be negligent to be liable. They are not liable just because it happened on their property. The other customer may be liable.
Answer Applies to: South Carolina
Replied: 1/21/2013
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
No. The store is not liable for injuries caused by careless customers.
Answer Applies to: Montana
Replied: 1/21/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Some businesses carry medical payments insurance to cover any medical bills that are incurred. But if they are not at fault they owe you nothing. Many companies cancel med pay to save money these days that Obama is in charge of the economy. You can sue the person who hit the injured lady.
    Answer Applies to: North Carolina
    Replied: 1/21/2013
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    If the store has medical payments coverage that pays the medical bills of persons injured on the premises regardless of whether the store was at fault, then the store's insurance company should pay your mother's medical bills up to the limits of the coverage. If there is no medical payments coverage, the store is not liable if it was not at fault.
    Answer Applies to: North Carolina
    Replied: 1/21/2013
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    Simply because the accident occurred at a business place does not automatically mean the business' insurance must pay. If there was nothing the business did to cause or contribute to causing the accident, they are not liable.
    Answer Applies to: California
    Replied: 1/21/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    The store would be liable if it allowed moisture to stay on the floor too long. In this case, you need to find out who hit your mother. That would be the person to sue.
    Answer Applies to: Idaho
    Replied: 1/21/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Just because you are hurt on someone else's property does not make them liable. You have to prove that the landowner is liable. Now, that being said, most property insurance policies have a medical payments provision that will pay only for the medical bills, regardless of fault. You may want to check into that.
    Answer Applies to: Alabama
    Replied: 1/21/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    The store may have " medical payment" coverage as part of its property insurance coverage . This is "no fault " coverage usually no more than $ 5000 and is separate from liability coverage where you must show "fault" to collect damages. "Medical payment" coverage is optional so there may be none. You may have a claim against the other customer which may be covered by the other customer's homeowner's or renter's insurance. In short it is pretty obvious to me that you need to be talking directly with a lawyer about potential claims and how to handle them.
    Answer Applies to: Illinois
    Replied: 1/21/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Only if they have "medical payments" coverage. Otherwise, the store is correct that they don't have to pay if it wasn't their fault. Did someone get the name of the customer who bumped her? If so, that customer's homeowners' insurance will probably cover the bills.
    Answer Applies to: Florida
    Replied: 1/21/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    In the event the store's insurance policy included medical payments coverage, that benefit it typically provided to anyone who is injured on the premises, regardless of fault. If the store is self-insured, you will need to look elsewhere to pay your mother's medical bills.
    Answer Applies to: Ohio
    Replied: 1/21/2013
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    I don't believe you have a good claim against the store. Based on your description, there was no negligence on the part of the store. Your Mother would have a claim against the cart operator who hit her.
    Answer Applies to: Georgia
    Replied: 1/21/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    There is no responsibility for the property owner to pay anything unless their negligence caused the injury. You should go to a lawyer to see if a theory can be created. The customer here may be responsible if you know who that was. Even if the store is responsible, they won't pay medical bills without a global settlement.
    Answer Applies to: Connecticut
    Replied: 1/21/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney