My dad tripped on something in a parking lot in a local store on June 30th and the store refused to write an accident report. We noticed the next day that they took out what he tripped on. He passed 3 days later from his health problems. I am stuck on whether I should pursue something or not?
If a suit were brought, it would likely name the developer or manager, as FF states. These companies typically have big bucks, and high powered law firms managing litigation which manage and oversee case management by personal injury defense firms representing insurance companies.
But a lot depends on the store, whether it's a mom and pop store, a chain, and more.
However, I think the issue might be moot as it doesn't seem as though the OP has returned since first posting 4 days ago. And none of the earlier questions have been answered, so what happened, how it happened, how injuries might have been sustained and their relevance to the unfortunate death of her father all remain unanswered but important questions.
Both myself and my boss are senior citizens, and both of us had fallen in his building at different times. He on the stairs, and me in the parking lot. He wasn't paying attention being on his cellphone, and me not watching where I was walking. Both of us were injured.
I figure either my boss or I could have fallen at our homes and had the same injuries. Thus, unless a public place was totally negligent knowing that item was a trip hazard, then I would check with an accident attorney to see if there is a possibly of recourse. The fact that the trip item had been removed, tells me maybe this could have happened before.
I don't know if you've spoken with management or even the head corporate on this matter, but it would be a good idea. Have you googled the store name and then headquarters in the search box? For instance, here's an example of what I'm talking about for instance, here's an example of what I'm talking about:
Open Google
In the search box type in
(Store name) headquarters
If necessary add contact info. Contact the headquarters of that store and if necessary, the federal trade commission, BBB and even your state attorney general
I would also speak to a lawyer anyway and see if that place has security video footage and even get a copy of his death certificate to see what your options are. If he's already been buried, hopefully you have a copy of the bill from the funeral home. That store should at very least reimburse you for the cost of the funeral and disposition. If his disposition is still pending, request that a medical examiner get involved and try to get a report from the medical examiner. Tell them exactly what you told us here and see if it can be proven through a medical examiner, this may actually require an autopsy
Years ago my neighbor took an older man in as a roommate; she needed the money, but it didn't take long for her to realize she didn't like sharing her space. He and I became friends, we talked on the back balcony. He was a sweet, proud man who had lied to her about his age.
Then her screaming and verbal abuse started coming through our adjoining walls. She was going to throw him out on Christmas (!) and I shamed her out of it. Before New Year's she was screaming behind him as he carried things out to his car ... and fell in our driveway.
Shortly thereafter he called to tell me he had gone numb on one side - should he call a doctor? I said ABSOLUTELY.
The next thing I know, my neighbor tells me he died. She was in health care. I asked her how she did not see that he was fragile, MUCH older than what he told her. His family showed up from out of town for the last of his things and she was sugar sweet.
As far as I'm concerned, she killed him. Yes he was old and probably not in great physical condition, but her behavior robbed him of years of life, robbed his family of memories.
I could have talked to his family members, but I didn't want them to know his last weeks were pure h*ll. There was nothing for me to do but say prayers, keep him in my heart and be glad when she moved away. Karma will handle it.
I agree with others that this might not be worth pursuing if there are not monetary reasons. Did this cost you money, time off work? I am sure you will find a lawyer that will take the case, you can find a lawyer to take almost any case it is just a matter if it is worth the time and aggravation. And how much will you get? Given the fact that this was an older man with no "family to support", "not income producing" I would bet that you would not get as much as if he were a 30 year old man with a lifetime of potential income and a young family.
While heart breaking I would not consult a lawyer.
Be glad that they removed the trip hazard that caused the fall.
On the other hand if the fall did result in a hospitalization and extended tests and expenses it might be worth it to contact a lawyer so that medical expenses do not fall upon you. (If you signed that you are responsible for the expenses, if you signed nothing like that then do not worry as the hospital can not expect you to pay)
1. Was your father injured? Did he go to a hospital? Was he treated for injuries from the fall?
2. How old was he, and what medical problems did he have?
3. What were the causes of death listed on the Death Certificate?
In order to sue, or rather first find an attorney to handle a case, your father would have had to sustain injuries arising from the fall. And it would have to be documented in medical records.
Lost wages is not the sole justification for suing; if he was injured and lost wages, that would be addressed in the complaint. And often the two go hand in hand.
The issue is whether the condition of the pavement caused the fall, and whether the injuries sustained can be attributed directly to the fall.
I am sorry for your loss; it must especially difficult if you feel that the fall contributed to or caused his death.
He obviously did not lose any time at work..did you?
If you suffered no monetary loss, then you have no case.
It is galling to have a store not even apologize for this. But, without the accident report, you are not likely to even get that much.
Sometimes it is just better to turn the page and move on
The store has already corrected the fault that caused your father's fall. That's a good thing, isn't it? It means that no one else will have the same accident.
You could write to the owner of the store (go to the top, don't talk to underlings) and make a formal complaint. This will give the company an opportunity to give your family a proper apology for what happened and explain how they would like to try to put things right.
You could, if you can put a figure on it, ask them for compensation. They should have public liability insurance; if you make a formal complaint which you would be able to substantiate, the insurer would rather pay up than contest the matter in court, by and large.
Or, stepping up a gear, you could pursue a claim for damages against whichever organisation is responsible for the proper maintenance of the parking lot (it isn't necessarily the store, they may use a contractor). You will need to show proof that they fell short in their duty of care towards your father, a customer and a member of the public; and that their negligence caused him personal injury for which his estate is owed reparations.
Did you take photographs? Do you have a medical report detailing injuries he sustained in the fall?
The best thing to do is to work out in your own mind what you think the store ought to do to make up for the hurt and trouble they caused your father and your family; and then take it from there.
Do you, when it comes down to it, feel that they were partly responsible for his dying when he did?