Should I take the insurance company or the store to court for a severe foot injury I suffered from while at a Florida retail store? 3 Answers as of February 17, 2012

Can I take the retail store to court or take their insurance to court for the way I am being treated? I was in Stuart, shopping in a retail store when one of the storage doors slammed down on my foot. However, my claim was denied because the insurance company a similar accident has never occurred in any of their other stores. The incident caused me to get broken bones in my feet, and long term strain in both of my feet.

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Ewusiak & Roberts, P.A.
Ewusiak & Roberts, P.A. | Joel Ewusiak
If you're able to demonstrate that the store was negligent, then you may assert a claim against the store for negligence. (You would not sue the store's insurance company directly. The store's insurer - if it has one - would retain a lawyer to defend your claim if you are unable to resolve it pre-suit). Claims of this nature are known as premises liability cases, and can be difficult to pursue. I should note, however, that simply because no similar accidents have occurred does not mean that the store was not negligent in your case.
Answer Applies to: Florida
Replied: 2/17/2012
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
I would research attorneys in that geographic area, find the one who seems the most highly qualified (look for one who is a board certified civil trial lawyer - that means he or she has tried a lot of jury trials and hire that lawyer to see what he or she can do for you. The retail store is not going to offer anything unless they know you have a good lawyer who is willing to go to trial for you. Then....listen to that lawyer's advice. If he or she is good, they will give you the best advice for how to proceed (or settle).
Answer Applies to: Florida
Replied: 3/17/2011
Lyle B. Masnikoff and Associates
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
Both. Hire personal injury attorney
Answer Applies to: Florida
Replied: 3/16/2011
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