Legal Question in Personal Injury in Texas
I took a misstep in the escalator and fell in a shipping retail store. The escalator was not moving at the time due to a fire alarm that went off a few minutes before. I'm getting a few stitches now after the ambulance took me to ER. Should the store retail insurance pay for the medical expenses?
2 Answers from Attorneys
It does not look like the store is liable. It, however, may have a policy which pays for medical bills regardless of fault. Contact the store to see whether they have a policy with medical payment coverage.
Based upon your description, it does not sound like the store does has any legal liability. In Texas, just falling on someone's property does not make them liable. There must be an unreasonably dangerous condition of which they are aware that causes the fall and they must both fail to warn and to remedy the condition.
However, many businesses do carry a voluntary medpay policy which is a small policy from as low as 1,000 or as high as 10,000. It is usually a no fault policy that will cover medical expenses in situations like this.
Contact the store risk management department and ask for the medpay info.
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