Many innocently and reasonably assume if they are injured on business property the business’s insurance will pay the personal injury claim, or at least the medical bills. In fact, the claim will almost certainly be denied, even if it is meritorious.
A recent Court of Appeals case (although not one of our cases) illustrates how challenging these cases often are. A customer at Northgate Mall fell and injured herself in the parking lot. Her medical bills totaled over $97,000. She sued Northgate Mall.
The jury awarded the medical bills, but found her half at fault. The judgment included $20,000 for pain and suffering. A judgment for $117,000 sounds like a lot, but this is a tough outcome. Medical bills, even if covered by insurance, will likely have to be reimbursed in whole or in part. The jury found her fifty percent at fault, so her judgment is reduced by half.
Her attorneys probably did a fine job. Slip and fall cases are just tough.
That is not to say none are winnable, and we have gotten good results for clients in premises liability cases. An important factor is to contact an attorney early for a variety of sound reasons including preservation of evidence.