Legal Question in Personal Injury in California
80 yr old mother Trip and Fell inside Dept. Store and suffered scraps, bruises and laceration to hand. Victim tried to go around shopping cart in isle of dressing room and walker got caught in wheel of shopping cart causing victim to fall. Due to stress and anxiety victim now has pneumonia in both lungs. Victim had both medicare/medicade. Spoke with several lawyers, NO ONE WANTS TO TAKE THIS CASE. HOW DO I DEAL WITH STORE'S INSURANCE ADJUSTER? WHAT SHOULD I SAY/OR NOT SAY? NEED ADVICE
2 Answers from Attorneys
You have a situation where we all feel sympathy for her, but that does not translate to her having a case against the store. She doesn't. Based upon your description, this was her 'negligence', not theirs it appears. There was no 'inherently dangerous condition' created by the store. Baskets in aisle are a common and not dangerous condition. I'm sure that is what the adjuster told you, as did the other attorneys you refer to. If you can get the adjuster to pay some token amount to make her 'go away', take it and run. They may offer a couple hundred simply for PR and sympathy.
For the store to be liable (responsible) for any injuries to your mother, the store would need to be negligent (at fault) in some way. Based on the brief information you have provided, it does not sound like the store was negligent, and therefore, is not responsible for the injuries. It sounds like the attorneys you have spoken with have given similar interpretations.
In order to convince an insurance adjuster to pay any amount of money, you'll need to show how the store was at fault for the incident. You should provide copies of medical bills (especially out of pocket expenses) and persuade the adjuster that settling now will be cheaper than having their insured (the store) sued. Do NOT tell the adjuster that you can't find an attorney to take the case.
Don't expect a lot here. Unless there is far more to the story, it sounds like the store's best defense will be that the incident was caused by your mother's own negligence.