Is a shopping mall responsible for medical expenses if the patron was attacked on their property by a stray cat living in their parking lot?

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Is a shopping mall responsible for medical expenses if the patron was attacked on their property by a stray cat living in their parking lot?

I accidentally stepped on the tail of a stray cat in a mall parking lot and was attacked. the security guard forced me to seek medical attention at the local hospital after i told him i had no insurance and was broke. should they have to pay my medical expenses?

Asked on February 5, 2012 under Personal Injury, Texas

Answers:

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

Answered 9 years ago | Contributor

The shopping mall would be liable for your injuries based on premises liability.  Premises liability means that you were injured by something on the premises, in this case the cat.  The owner of the shopping mall would be liable for your injury. Your personal injury claim should be filed with the shopping mall's insurance carrier.  When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the shopping mall's insurance carrier should include the medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, an amount in addition to the medical bills.  If the case is settled with the shopping mall's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the shopping mall's insurance carrier, you will need to file your lawsuit against the shopping mall based on premises liability prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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