Can a customer sue you for falling outside your establishment 3 months after the accident occurred ?

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Can a customer sue you for falling outside your establishment 3 months after the accident occurred ?

A customer fell outside my store walking off the handicap ramp when she fell she didn’t report it until about a week later when she came back in a sling saying she hurt herself the week before outside walking off the handicap ramp and wanted me to pay her medical bills she brought with her. After I refused she came like once a month for about three months asking for gas money to get to her appointment.

Asked on November 24, 2011 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Legally, you can still be sued three months after a fall--indeed, depending on which state you are in, you can most likely be sued for two years (or more) after an accident, since in most states, the "statute of limitations" (or time period to sue) for a personal injury case is at least two years.

However, you would only be liable to pay if at fault. You would only be at fault if you intentionally or negligently (careless) did something wrong. So, if the handicap ramp was no up to code, was somehow unsafe, etc., you could potentially be liable...but you should not be liable if the ramp was fine and this person just tripped or fell. You are not an insurer for this customer; you are not responsible to pay for all her injuries, only the ones you, in some way, caused.


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