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Had a bad fall at a store

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PKMurphy

Junior Member
What is the name of your state? Michigan
I had a very serious fall at a store. I fell when I stepped on a grate that was covered by leaves and debri. I broke my ankle and tore ligaments. I was told that the store owner had no insurance. I have just discovered that he does indeed have insurance but it is liquor liability insurance (which is for covering injured persons harmed by intoxicated persons whom are customers of the store). Doesn't a store owner have to have property insurance?? I don't think that the liquor liability insurance will be collectable. Or am I wrong?

Thanks for any advice you can offer.
 


Some Random Guy

Senior Member
Are you injured or not? Your injuries and the store's culpability for those injuries should determine your lawsuit, not the store's insurance policy. I really hate people who are just looking to win the personal injury lottery.

If the owner doesn't have insurance, then he pays any judgement out of his pocket. That is his own fault for not getting any other insurance for his business.
 

HomeGuru

Senior Member
PKMurphy said:
What is the name of your state? Michigan
I had a very serious fall at a store. I fell when I stepped on a grate that was covered by leaves and debri. I broke my ankle and tore ligaments. I was told that the store owner had no insurance. I have just discovered that he does indeed have insurance but it is liquor liability insurance (which is for covering injured persons harmed by intoxicated persons whom are customers of the store). Doesn't a store owner have to have property insurance??

**A: there is no law requring property insurance although mortgage lender's do require such. Maybe there is no mortgage or maybe the owner cancelled the insurance.
*********

I don't think that the liquor liability insurance will be collectable. Or am I wrong?

Thanks for any advice you can offer.

**A: liquor liability would not cover a slip and fall accident such as yours.
 

PKMurphy

Junior Member
I am injured!!!

It has been over 2 1/2 years since my fall. For the first 2 years I did not consider sueing, then after all of the out-of-pocket expenses not to mention the pain I decided that I would like to be reimbursed. I am not into lotteries or freebies!! just justice.
 

teflon_jones

Senior Member
I don't understand exactly why you fell. What do the leaves and debris have to do with it? Was the grate on private or public property? Does the store owner own the property too, or only lease space for the store? How did the leaves and debris get on the grate? Why did you step on leaves and debris instead of stepping on clear ground?
 

PKMurphy

Junior Member
The ground was covered with leaves from a huge tree

I had never been on the store owners driveway before and there was a tall tree that had shed its leaves. I was walking down the driveway and didn't see any sort of depression in the pavement. The next thing I knew I was on the ground wrenching in pain. The cashier came out of the store and said to me that she had meant to rake the leaves off the driveway but had not gotten to it. I have been in touch with an attorney but with the assumption that the storeowner has no liability insurance (or so he says) I think that I am going to be stuck paying for my attorney and the rest of my medical bills for physical therapy, special shoes and the like. It just does not seem fair. I understand the storeowner is very angry and has offered me $2,500. that's it!! The storeowner owns the property but says he has no liability insurance. He had said that he had no insurance of any kind and we discovered otherwise. I don't know how to find out if he is still lying about liability insurance. As I said he is very angry that I am sueing him.
 
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anabanana

Member
Some Random Guy said:
Are you injured or not? Your injuries and the store's culpability for those injuries should determine your lawsuit, not the store's insurance policy. I really hate people who are just looking to win the personal injury lottery.

If the owner doesn't have insurance, then he pays any judgement out of his pocket. That is his own fault for not getting any other insurance for his business.

Yeah, and the ATTORNEY who is going to handle her case without the insurance payoff for that big personal injury win is... where? Who? Get real, Random. You know a lot of PI litigators who are plying their trade out of compassion? Seen any pro bono personal injury cases lately? Ever? You've been around here long enough to know better.

However, PK... get over any naive notions you may have about justice. It's not about justice. Really. It isn't. And quite frankly, you will never be compensated communsurate with your suffering, so if you can get the guy to cover your medical, call it a day and save yourself the headache. Of course, if he won't do that, you could go get drunk in his store and THEN fall down in his driveway.
 

PKMurphy

Junior Member
anabanana said:
Yeah, and the ATTORNEY who is going to handle her case without the insurance payoff for that big personal injury win is... where? Who? Get real, Random. You know a lot of PI litigators who are plying their trade out of compassion? Seen any pro bono personal injury cases lately? Ever? You've been around here long enough to know better.

However, PK... get over any naive notions you may have about justice. It's not about justice. Really. It isn't. And quite frankly, you will never be compensated communsurate with your suffering, so if you can get the guy to cover your medical, call it a day and save yourself the headache. Of course, if he won't do that, you could go get drunk in his store and THEN fall down in his driveway.
I guess I am being naive. In this sue-crazy society those of us who truly have a reason to seek resolution of a legal issue are lost in the haze of other lawsuits that are otherwise frivolous. I understand all too well that my pain and suffering will never be truly be compensated (I'd much rather have my undamaged ankle back!). The so called settlement that has been offered does not even come close to my out-of-pocket expenses to-date. Which shows me that the storeowner has no concept of fairplay. I don't drink, but if I did your suggestion Anabanana might be taken under advisement (smile!).

Thanks,
PK
 

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