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Do I have a case? Should I even bother?
2012 Nov 30, 8:36am 4,711 views 15 comments
by Jeremy follow (0)
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I would recommend visiting several shoe stores to determine the industry standard for carpet vs. hard surface flooring. If all of the stores have wall to wall carpet, that's a good indication that hard surface flooring doesn't belong in a shoe store where folks are walking around in socks. If a few of the stores have a mix or all hard surface flooring, then you might be SOL.
I personally wouldn't consider that setup to be negligent. Plenty of homes have a mix of carpet and hard surfaces, and people walk around in their socks at home all the time.
zzyzzx
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2012 Dec 1, 7:46am
Plenty, probably most or almost all shoe stores have floors that are not carpeted.
rufita11
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2012 Dec 1, 8:03am
I bought some cheapo nylon socks and slip a lot in them--even on carpet.
I think teaching a kid how to fall with minimum injury is just as important as teaching them how to swim. Judo is just one discipline that teaches this skill.
elliemae
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2012 Dec 1, 12:21pm
I would talk to an attorney, rather than to rely upon our opinions.
My daughter got stuck in a store bathroom when she was 6 years old, poor little kid. The design of the door lock was such that she could trigger the lock but was too short to unlock it. The bathroom was private, meaning no stall door to crawl under.
The store management wasn't thrilled when my husband threatened to call 911 if they didn't allow him to take the door from the hinges - he described the joy of having a bunch of firemen using their axe on the door and they saw it his way.
They also promised to get the door fixed and gave him a free putter (golf store). It was a very nice putter.
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What's up PatNet bloggers?
I'm looking for some non-partisan advice.
My 9 year old daughter suffered a broken arm due to a slip and fall accident at a shoe store, while we were on vacation in WA state (we live in CA).
I have decent health insurance. So the only costs I incurred were a bunch of co-pays on the ER and Rx's, and multiple dr. followups. Transportation costs for the above (her orthopedist was about 45 miles away). At the most, maybe a couple hundred bucks.
So anyway, in my view, the store was responsible for the accident. The store had a very flawed setup, but then again, shit happens. My daughter had to deal with a lot, but she's a kid, and she's basically back to 100% now.
Right after the accident I had put in a claim with their insurance co. (Nationwide) They said based on what happened, they aren't responsible, and they don't have a "no fault policy". So the adjuster said "claim denied. The end".
So here are my questions,
Should I bother getting a personal injury attorney and suing them?
Other than getting reimbursed a couple hundred bucks, is it worth it at all?
Is pain and suffering worth anything in a 9 yr old? I mean could she conceivably be compensated enough to make a decent college fund for her?