advice needed - DD broken wrist

[iNTeNSeBLue98]

We spoke to my mother tonight about DD's broken wrist. She of course asked how it happened and she told her. Since it happened Tues. after school this thought has been in the back of my head.

The fall happened in the parking lot of a convenience store (privately owned). An attendant helped her up and took her inside, making sure she was all right. There were also two classmates who witnessed her spill on the ice. At the time we weren't sure if she had a break or how serious the injury was.

I have not contacted the store, but I think I will be sending DH there tomorrow. shouldn't they have filled out an incident report? Should the store be responsible for our medical expenses? .. (doctor's office visit, x-ray, ortho visit & casting) I've had to shell out $40 in co-pays, plus I don't know how much the x-ray bill will be or how much of the balance will be mine to pay.

What if the store doesn't have insurance? Should I contact an attorney - if so before DH talks to them or after?

 

[RNMOM]

Not trying to cause trouble here but is that really necessary? I seems the store took care to make sure she was alright. I have fallen a few times in parking lots and such, fortunately not getting hurt, and didn't think anything about the store. It is so hard to keep walkways cleared and cars bring in more ice and slush too.

I guess you could kindly ask the store if they have coverage but I think it might be lots more trouble than your copays are worth, JMHO.

 

[epcotfan]

I agree with RNMOM.

 

[pirateofthecarolinas]

My mom just broke her ankle. She fell somehow on the painted "no parking" lines in front of a grocery store. She didn't hold the grocery store responsible.

My MIL fell at a Flea Market in a hole that you couldn't see because of overgrown grass. She broke a finger and the Flea Market owner did pay her medical expenses and fixed the hole.

Lori

 

[iNTeNSeBLue98]

I'm only questioning my rights, since it happened on their property. I work in a dept store and any time someone falls Security fills out a report. I was wondering whether they should have done the same.

 

[BedKnobbery2]

intenseblue, they probably did fill out an in-house incident report, especially if an employee assisted her after the fall. I think that is standard practice for most stores, just in the event there is a lawsuit, they have a record of what happened from their POV.

 

[CEDmom]

I'm so sorry about your DD. My advise would be to have your DH go to the store to thank the employee for helping your DD and while there ask if an incident report had been filed. He could just say your insurance company may want a copy of it. As far as contacting a lawyer I wouldn't unless your DD's medical expenses get out of hand and your insurance won't pay for them. Even then I'd talk to the store about their insurance paying before getting a lawyer involved.

 

[tar heel]

Don't be surprised if your insurance company tries to get the store's insurance involved. When my ds broke his ankle last fall, our insurance company sent a form asking for details about the accident, where it happened, was there anything that could have been done to prevent it, etc. I wrote in big letters that the accident was entirely his fault since he was showing off on his skateboard. Since we haven't heard anything else I'm assuming they've decided not to go after the property owner -- a church.

 

[AirForceRocks]

I wouldn't even think of contacting a lawyer over this. Accidents happen. {{shrug}}