Can proprietors be sued to cover medical expenses after a customer is injured?

An elderly customer in shop stumbles, falls and breaks hip. Can proprietors of shop be sued to cover medical expenses? Would a liability insurance policy be recommend?

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Answered By: Dwyer, Black & Lyle, LLP

Call now: (716) 373-1920

Typically, the owner of the property/business can only be sued if there is a defective condition on the premises that they knew or should have know about that caused the fall and the injuries. If there is a defect, the owner can be held liable for the injuries. In addition, most liability policies, typically a Commercial General Liability (CGL) policy, have a coverage called Medical Payments coverage. This will help to pay for the injured persons medical bills regardless of fault. If you offer this to the elderly person, it cannot be used against you later in the case or treated as an admission of fault. In addition to medical bills, sometimes they will also pick up lost wages, mileage, etc. I'm not sure I understand your question entirely but, I can say this, if you have a business you are crazy not to have a liability policy covering the business operations and the premises. Go see an insurance agent and for the sake of your customers, make sure your premises is safe. You don't want to invite people in to spend their hard earned money at your business and then subject them to injury, especially the most fragile of our society. Good luck and thank you for taking the time to look into this, all businesses should be as diligent as you.

Answer Applies to: New York - Replied: 9/1/2011

Answered By: Andrew T. Velonis, P.C.

Call now: (315) 579-3108

In order to make a claim against a property owner (including stores, parking lots, apartments, etc) the injured party has to show that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action. You used the word "stumble": she would have to show what caused her to stumble and that the proprietors failed to take action to prevent it. But there is another possibility: some store owners have what is called a medical payments provision of a liability insurance policy. Although it is not required, this provision will pay medical expenses up to a certain amount, regardless of fault. Ask the store owners who their insurance company is, then ask the insurance company if they have that coverage for that store.

Answer Applies to: New York - Replied: 9/1/2011

Answered By: Law Office of Jared Altman

Call now: (914) 737-0200

Yes. If negligent, the proprietor is liable for medical expenses and more. You should absolutely have liability insurance. The cost of defending yourself could bankrupt you before you ever pay the guy a dime.

Answer Applies to: New York - Replied: 8/31/2011

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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