What can be done if my 80 year old mother fell flat on her face in a store parking lot?

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What can be done if my 80 year old mother fell flat on her face in a store parking lot?

She tripped over the curb on her way in; she parked in the handicapped parking spot. She was taken to the hospital by ambulance. She suffered a broken nose, stitches to sew the hole under her lip, and a very bruised thumb and surrounding area. She was giving some tests to see if she had any other injuries, especially head trauma. The store has refused to pay her medical bills, saying that it is not responsible for anything since the curb was not broken. Does she have a case?

Asked on January 8, 2016 under Personal Injury, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In order to sue for a personal injury, someone must have suffered that was caused by another's negligence. Here, there is no queston that your elderly mother suffered injury. However, what is not so clear is whether or not it was due to any carelessness on the store's part. For example, was the curb cracked or otherwise broken and this caused your mother to slip? Was it icy and the curb improperly salted? Or was there another defect that would have caused her fall? If not, then I'm afraid that the store is not at fault, and accordingly your mother has no cause of action here.
However, since you didn't provide a lot of details, perhaps consulting directly with a local personal injury attorney is your best course of action. You can go over the details of your mother's situation and they can best advise you further.


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