Question: If you get
hurt on someone's property, should their insurance to cover your medical bills?
Question Detail: My 82-year old mom was bumped from behind by another
customer's flatbed cart. She fell and bumped her head on the floor. I took her
to urgent care and they did a CT scan. No skull fracture was found. In the four
days since this happened, her pain is spreading to her whole head, her neck,
jaw, and shoulder. The store says they will not help with her medical bills
because it wasn't their fault.
ANSWER: The store is not responsible for the negligence of one of the shoppers. That shopper would be personally liable. The store's insurance policy could include "medical payment" coverage if they wanted. This type of coverage can pay medical expenses even though the store was not legally libel for the carelessness of shoppers. For example, not all spills on the floor prove the store is automatically negligent. They have a duty to patrol on a reasonable basis and to have cleanup supplies available.
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