Personal Injury Law (Accidents/Slip & Fall)/Liability?
My daughter and I were at a blood collection center, called LabCorp, and when she opened the front door of the building to enter the door ran over top of her foot causing a laceration that required urgent care treatment and stitches. The employees documented the injury. My out of pocket cost was almost $400. I asked them to pay because of several reasons...one was the fact that my daughter in her whole 8 years of walking has never done that ever before...neither have I nor anyone I know...so when looking at the door it looks to me like there is not enogh clearance or too much for that matter between the door and concrete step...so I believe it's an issue worth correcting. But they sent me a letter declining to pay. What should I do? Do I have any case to make them pay for the bills to cover the injury? Thanks so much. BTW, it was located in Raleigh, NC.
The legal issue is, did the door create a FORESEEABLE RISK OF HARM and did the business fail to realize it or fail to take action to reduce the hazard. If yes, then the LabCorp was negligent. From your brief description of what happened, I can't form an opinion on the subject. Was there something unusual about the door and the clearance? Is this something that was obvious and likely to cause injury? In any event, if they deny your claim which doesn't surprise me, the only option you have is to sue in Small Claims Ct. If you chose to do that you better take a camera, preferably a video camera, and go film exactly what happened. The SC Court Judge might then be able to make a decision on the negligence. If you do this, you sue for the $400 plus pain and suffering......maybe another $1,000...........whatever. The case would be April Jones, mother and on behalf of Suzie Jones, a minor vs. Lab Corp. But you have the burden of showing evidence that there was a problem with the design of the door or somehow it was not maintained correctly, that this created a FORESEEABLE RISK OF HARM and they failed to correct it. Use those words. FORESEEABLE RISK OF HARM. Good luck