What recourse do I have after grocery store denies liability for slipand fall injury?

Toddler fell inside on groove in floor and required antibiotics to treat busted lip and swollen gums. Store has denied claim and refuses to pay for doctor’s visit and medication because no one has ever fallen on this groove in the floor before.

Asked on September 6, 2011 under Personal Injury, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

When you said that the grocery store is denying liability, is that denial of liability from the store's insurance carrier or just from the store itself?  If the denial is solely from the store, you should contact the store's insurance carrier and file your claim with the insurance carrier.  If the store won't provide the name and address of the insurance carrier, then file a lawsuit against the store for negligence for your child's injuries.

Prior to filing your lawsuit, obtain the medical bills and medical reports.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your child's injuries and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are able to obtain the name and address of the store's insurance carrier, file your claim with the insurance company consisting of the medical bills and medical reports.  If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file your lawsuit for negligence against the store.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your child.  If the case is settled with the insurance company, NO lawsuit is filed.  If the case is NOT settled with the insurance company, you will need to file the lawsuit for negligence against the store prior to the expiration of the applicable statute of limitations or your child will lose his/her rights forever in the matter.

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