Broken leg, is Wal-Mart liable?

Question

I broke my leg on sidewalk in middle of Wal-Mart parking lot. I thought the sidewalk was a straight standard sidewalk, and I stumbled where the sidewalk ramped down (then back up) for "cart crossing" (The sidewalk/ramp was not painted a different color to alert me of elevationn difference.)

My health insurance says Wal-Mart is liable. And Wal-Mart says that they were not "negligent" & that I fell on my own accord - therefore they are NOT liable.

Who is right?

Due to the severety/location of the fracture, I have undergone 2 surgeries & now have titanium plates/screws holding my tibia (shin bone) in place. And I can't afford to pay 100% of the hospital bills on my own.

I am not looking to hit a "jackpot" with this...and am insulted that my question posted as it is, would bring a comment such as that.

I am wondering who should help pay my medical bills, that's all. My health insurance (Blue Cross, for those wondering) said they would not pay because I was injured on private property.

Answer 1

Generally, owners of sidewalks and parking lots are not liable to invitees for falls unless they knew or should have known of a hazard and failed to correct it. They may have some duty to regularly inspect the lot to be sure there are no hazards. But--and this is a big but--the ramp you describe does not sound like a hazard to me, but is a fairly large design feature that you could have seen if you were paying attention.

Sidewalks/ramps are generally not painted a different color to alert anyone. At least not in my experience. You don't say where you live, so we can't tell if there might be any special laws about this in your state.

Not every trip and fall can be blamed on the owner of the property. Sometimes we have to take responsbility for our own accidents. But if your health insurance thinks Wal-mart is responsible, then let them sue Wal-mart for reimbursement of their costs and for your deductible.

Edit on your additional details--your insurance company should pay your medical bills. Most people are injured on private property; that's a goofy excuse. Normally, if the accident is your fault, insurance pays and then either ups your premium or cancels you later. If it is not your fault, they pay the bills and then ask you sign your rights to sue Wal-mart over to them so they can sue and recover their expenses. This is called "subrogation of rights". Demand a better answer from your insurance company.

Answer 2

There seems to be a lot of pretend lawyers using words like "negligent" and "responsible". The facts are simple, a majority of people don't look at the ground while they walk. If they did we would be running into poles and head injuries are much worse not to mention much more expensive. So you made a simple mistake, you were not paying attention and fell, there isn't one person I know who hasn't done this at one point or another.
The purpose of Health Insurance is to cover accidents. This is what they do. No one runs into someone intentionally and further more no one breaks their leg because they like the idea of multiple surgeries and mounting bills. A lawyer might be a good idea to convince the insurance company to start doing the job you pay them for. I think you might have a case against the insurance company especially if you can show that similar situations that have happened in the area have been covered by the insurance company and shown no fault to the property owner. Either way you should not pay.

As for all the other criticizing about how they would never do this, they might actually be lawyers because they are lying, I suppose we are to believe they would just pay these bills.

Answer 3

Insurance companies are notorious for denying claims and dragging them out as long as possible because the longer they have the funds, the more investment returns it will make for them.

Your health insurance should pay the claim and try to sue Wal-Mart if they investigate and deem there was any neglience on the part of Wal-Mart.

However, the best solution would probably be for you to consult with a personal injury attorney where you live that works on a contingency fee basis with a free initial consultation and they could best advise you whether or not they feel that you have a winable case against Wal-Mart (if they don't, they are not going to take the case).

If they do not take the case, advise BC/BS and demand that they pay the bills; if they still refuse, file a complaint with the Department of Insurance.

I fought an insurance company and won when they refused to pay under our medical plan for my then husband after two guys attempted to car jack us and one hit him in the mouth, causing a tooth to become abcessed two months later had to have for a root canal.

Medical insurance tried to say that either dental insurance or car insurance should cover it. After reviewing all the plans it was obvious that because it was due to an accident/injury while he was not in the car (he was out of the car when the injury occurred) and although it ended up affecting his teeth, it was not due to it being a dental problem, but due to the impact to his mouth and gums. Summarized and submitted that information along with plan documents, police report and opinion of the dentist that did the root canal.

Answer 4

Your health insurance should pay your bills (partially, at least) - that's why you have it.

But.. as far as a case goes, unless you can prove Wal-Mart was negligent with pictures, photographs, witnesses, etc. (Wal-Mart has a great number of cases such as these, they are diligent in their maintenance and "troubleshooting" of potential hazards), you don't have a case. Did you approach them at the time of the injury and file a claim then? Make a report? Time is very important.

Answer 5

The sidewalk was not covered in ice or obstructed in any way. Wal-Mart was not negligent in anything here. It was your negligence in not paying attention to where you were going. All you had to do was pay attention and you would notice a difference in elevation. It doesn't take a brain surgeon. You DID fall on your own accord. Of course your insurance is going to say it was Wal-Mart's fault. Insurance companies are crooks. They never want to have to pay claims. I'm tired of people trying to blame other people for things that were their own fault and preventable. Fess up and admit it was your own mistake and stop blaming others.

Answer 6

It's not your insurance company's business how or why the accident happened. You had an injury, they should pay for it. That's why you pay for their coverage. Unless you violated the terms of the policy in some way, you are entitled to them paying for your treatment regardless of who's fault the accident was. These damn HMOs always look for an excuse not not pay out, so you really shouldn't have even mentioned who's property you were on when you tripped.

Answer 7

If your insurance doesn't cover it, you're liable. At least that should be the case. It's not like a wet floor sign was missing, or there was bad lighting, or a beam fell on you. Wal-mart can't be responsible if you fall on your own.

Answer 8

If you were the one walking...(not Wally World) then you are liable for what you do...
If you can't see well enough to tell what you're walking on, then you need some glasses or a seeing eye dog to alert you.
Suing Wally World for something YOU did, is not the way to go...

Answer 9

Sounds like you may need to consult a lawyer (they are sometimes a necessary evil in our society.)

Your health insurance should pay for your treatment and then try to collect from Wal-Mart.

Answer 10

Yes, they are liable as they are the bailee of your property and an implied contract exists between you and them.