I have been contacted by there insurance company and I am not sure what to say to them.
If she sustained injuries, a local personal injury lawyer can investigate whether the store was negligent
I'd need to know more to help you. This is a premises liability case and for liability to attach you need to prove that the premises owner / operator created or had notice (actual or constructive based on duration / method of operation) of the condition causing the fall.
How old is your daughter? From memory children under 7 are incapable of negligence in Tennessee. From 8-14 they are presumed to be negligent free. 14 and over they play by grown-up rules for negligence purposes, but may not be bound by a contract until 18.
What caused the fall? Were there witnesses? Do you know how the defect causing the fall came to be there or how long it persisted?
Finally, what are your daughter's injuries? These are hard cases, but they can be viable depending on the answers to the above questions, among other things.
what are her injuries? she should not give a recorded stmt to anyone. she needs to talk to an atty. we have to prove negligence to win, and it depends on her injuries and medical tmt. you should call an atty. thank you, jay stillman
In Tennessee, the owner or operator of a property must use reasonable care to make the premises safe and to warn visitors of dangerous conditions. If you are injured because a property owner failed in this duty, you may be entitled to compensation for damages such as medical bills, lost wages, and pain and suffering. Remember, insurance companies make their profits by paying out as little as possible. You should consult with an experienced lawyer before making any statements.
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