My mom felt inside john's incredible pizza she got tripped by a little boy , should the restaurant's liability ins cover her

Asked over 1 year ago - San Diego, CA

she got tripped by a little boy and hurt her knee really bad so we had to call an ambulance now they don't want to cover the medical bill what should we do? she had the accident while inside their premises

Attorney answers (7)

  1. Anthony A. Ferrante

    Pro

    Contributor Level 15

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    Answered . Generally an owner or occupant of land is not responsible for the independently negligent acts of another person. It would be difficult for your mother to bring a claim that the store was negligent when it was this child who tripped her and not some sort of unsafe condition that was created/allowed to exist by the store. Unless this particular pizza place promotes themselves as a family/kid friendly establishment and encourages children to run around and be raucous (ie. a ball pit) there does not seem to be a claim worth pursuing. That would be a very difficult theory of liability, but that only emphasizes what a difficult set of facts you have.

    There is a better chance that the store may have a "med-pay" type policy which would cover your mothers medical bills regardless of fault. In order to access it, you must make a claim with the insurance company for the store. If you haven't already, report the incident and ask for their insurance information. Then make a claim with the carrier and ask them whether they will pay the medical bills.

    Now, I am a NY attorney, and my comments are based on NY law, so perhaps it would be wise to use the Avvo Find a Lawyer tool and search for a local attorney to call and discuss this matter. There may be a claim based on CA law that I just don't see.

    Good luck!

    The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an... more
  2. Robert Bruce Kopelson

    Contributor Level 20

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    Best Answer
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    Answered . In addition to what the other attys have said, the restaurant could have premises medical coverage which is like no fault ins. If it has such coverage, they would pay up to the amount of coverage for bills for injuries sustained on the premises. This is not a reqd coverage, so they may not have it. You could also check to see if the owner of the building has such coverage.

  3. Kevin Coluccio

    Contributor Level 20

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    Answered . I would not think that the store would not be responsible for the child, unless there were circumstances that would hold them responsible for the control of the child. You may have a claim against the child or the parents of the child. If you have contact information for the child's parents, you should consult with an attorney in your community.

  4. Jeffrey Mark Adams

    Contributor Level 20

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    Answered . You are a good child. Contact local and qualified personal injury counsel. Frankly and sadly, I doubt there is grounds for a lawsuit here.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  5. Jeffrey Ira Schwimmer

    Contributor Level 19

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    Answered . If the child that tripped your mother was another "guest" of the restaurant, and the incident was a sudden event, it is not likely that you will have a viable claim to pursue. The mere happening of an accident does not by itself entitle the injured party to compensation for personal injuries. A property owner/possessor is only responsible for injuries that occur due to their negligence in the operation of the premises. Unless there are facts you have not disclosed, the description you give does not fit that mold. Consult with a local attorney - which should be free of charge. Good luck.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . The restaurant probably wouldn't be responsible, but they may still pay the bill if you contact them.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  7. Edward R. Yaghoubi

    Pro

    Contributor Level 9

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    Answered . I don't see any liability for the restaurant for your mother's trip and fall having occurred over a little boy. The restaurant might have a Medical Payment provision thereby, they would pay your medical bills without regards to liability, so long as the injury took place at their facility/premises.

    Not everyone has this type of coverage, you need to ask them in writing if they have such coverage, and by law they must inform you of the same. good luck.

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