lawsuit question

[bustednutz]

I have a question for any lawyers or law scholars out there.

My father was at Costco waiting in line for his prescription. An elderly woman riding on a store supplied "hoveround" type mobility unit lost control and hit him. He was pinned against a steel rack while the throttle on the hoveround was allegedly stuck on full forward. It took 3 men to pull the cart away from him so he could get out. Once they pulled it away from him he was able to get free, only to have this lady ram into him AGAIN! And pin him again.

All this was witnessed by the pharmacist and store employees.
As well as video cameras and other customers.
He sustained many injuries from this. Plus he is frail as it is. He had just come from his cancer treatment at the hospital.

So, is there ground for a lawsuit? If so, for what? He is consulting a lawyer tomorrow.

Heres how I see it, but again, I'm no lawyer.

Store supplied an alleged faulty mobility device.
Store did not train person to operate mobility device.
Store does not have specified areas for driving such a device.
One of the men freeing him was an employee of the store.
Once free, the mobility device hit him and pinned him again (could have been operators fault though)

Poor guy was totally dazed and confused by it all. Needless to say he is in a lot of pain and has severe bruising and muscle injuries from all this.
He has also gone to a Dr. for an examination. (not sure of that outcome though)

Anyway, this is all still fresh.
So what do you all think? Anything substancial here as far as a settlement or lawsuit is concerned?

Thanks.

 

[Pablo]

I hate to say it but lawyer up. Go after the rich old lady AND the rich store. Take cash, don't go to court. Tell the drooling lawyer his fees will be set by YOU.

 

[bustednutz]

Thanks Pablo. I have no idea if the lady is rich, but I do agree with getting the lawyer, and I do feel that the store holds some level of liability. I'd think that this would be a personal injury lawyers dream.

 

[Pablo]

Originally Posted By: bustednutz
Thanks Pablo. I have no idea if the lady is rich, but I do agree with getting the lawyer, and I do feel that the store holds some level of liability. I'd think that this would be a personal injury lawyers dream.


And I think their portion can go 50-60%. That's just crazy. I say see if you can get it under 20%.

I was only kidding about the lady being rich, but I'm sure the store will say the cart was just fine and she kept it WFO and pegged your poor dad. Wow. Do you have some evidence the cart was defective? Was a report filed?

 

[daves87rs]

That's a tough case....

 

[bustednutz]

A formal accident report was filed at the store in accordance with store policy.

And of course the store can point the finger all they want at the old lady. BUT.....they provided her with the vehicle. They didn't train or supervise her. Its on their premises and they assume some level of risk and liability of accidents happening within their stores and their equipment.
Not much different if a steel ceiling beam fell on him at the store. WHat are they gonna do then? Blame the builder?
I say its on Costco.

 

[Pablo]

They'll try. Just saying be ready. Prayers for your dad.

 

[dishdude]

Sit down with a personal injury lawyer. They will give you a free consultation, and can probably arrange a settlement with Costco. It sounds like your father didn't suffer any broken bones, so a soft tissue injury isn't going to be a huge payout.

 

[Kuato]

As said earlier, lawyer up. Someone is responsible for this, and it's not your Dad.

Faulty equipment is the store's responsibility.

Of course old ladies have put their foot on the gas instead of the brake and gone through houses before...perhaps her auto policy will pay for that.

 

[wallyuwl]

This is unfortunate. I think the store and the lady driving the cart are at fault. Don't go after the store employee who helped your dad up. He was being nice, don't go after him.

The store should have service records of the cart, verifying it was in good working condition. If they don't, that is a big problem for them. If they do, it is a big problem for the lady driving the cart. The store still supplied the cart and lets people operate it without training, though, so they are still partially at fault.

Try to get the video from the store's cameras. Try to find out names of witnesses. Should be easy for those who were store employees.

Get everything injury-wise documented. Doctor's notes with dates, and photos.

 

[01rangerxl]

Originally Posted By: Kuato
As said earlier, lawyer up. Someone is responsible for this, and it's not your Dad.


X2. I think you definitely have grounds for a lawsuit. Whether the store had a faulty scooter or the old lady was out of control, your dad had a reasonable expectation to be able to pick up his prescriptions without being repeatedly rammed with an electric scooter. Good thing he went to a doctor right away and I would document the injuries with pictures.

 

[Hallmark]

I think this is absolutely the wrong forum to pose the question that you asked. Do you expect the outcome of this matter to be decided by the responses here?

 

[Pop_Rivit]

Assuming you're going to pursue a lawsuit, you will be suing everyone involved. The store, the lady on the scooter, the manufacturer of the scooter, the maker of the steel rack against which he was pinned, etc.

You'll probably settle with Costco for his injuries and pain/suffering, and eventually drop the suit against everyone else. Costco will pay a fair amount to make it go away.

Depending on the extent of the injuries your lawyer can advise you on the approximate amount of the settlement.

 

[skate1968]

Hi busted,

sorry to hear of this unfortunate incident.

Originally Posted By: Kuato
As said earlier, lawyer up. Someone is responsible for this, and it's not your Dad.


Originally Posted By: 01rangerxl

X2. I think you definitely have grounds for a lawsuit.


X3

I would think that costco is responsible and would pay dearly. You might attempt to settle without a court -- save lawyer fees.

But i'm not a lawyer and wouldn't know if this is really feasible.

best of luck

skate

 

[bustednutz]

Originally Posted By: Hallmark
I think this is absolutely the wrong forum to pose the question that you asked. Do you expect the outcome of this matter to be decided by the responses here?


This is a "General and Off Topic forum.
Its the forum for general questions and topics.

Just a reminder in case yo didn't know where you were. Thanks for your input though.

 

[rpn453]

As an outsider, it's almost hard to believe that one can receive an arbitrary sum for having a bad experience. But if you can profit from the system then go for it. I would.

 

[Shannow]

It's funny how some of the BITOG proponents of tort reform are saying "go for gold" in this thread.

Under tort reform, there is no mental anguish, and pain and suffering, simply the requirement to "make good"...and soft tissue injuries don't take much of that.

Compensation isn't even applicable for less than 15% total and permanent disability...soon to be raised to an even higher percentage.

So do you REALLY want tort reform, or ambulance chasers ?

 

[The Critic]

The insurance company will obviously represent Costco.

The insurance company will likely find no negligence on Costco's part, as the scooter was operating properly and the fault was of the person operating the scooter.

In theory, you are probably better off suing the driver of the scooter, but who knows, perhaps they do not have any assets for you to go after anyway.

The insurance company will probably first try to offer med pay to settle the claim, hoping to avoid a suit.

Of course, I am sure this will end up with the OP suing Costco. Then the ins company will likely pay some small amount (probably end up paying nearly as much in legal fees as the settlement itself) since a lawyer will find a small % of negligence on Costco's part. I see this all the time at work.

Good luck.

 

[demarpaint]

I'd sue for sure! Lawyers will take the case on a contingency basis, if they win they get paid, if the lose they get nothing. Don't do it any other way, their greed will let you know if you have a case or not. No lawyer takes a case he/she feels they can't win, if there's no money in it they won't take the case.

The lawyer will also advise you who to sue, odds are the old lady, the store, and possibly the maker of the scooter, and anyone who looked at it touched it, or was within 1000 yards of it. LOL All kidding aside, good luck, I hope your dad is feeling better! GO FOR IT!!!!!!!!!!!!!!!!

 

[Al]

Originally Posted By: Shannow
It's funny how some of the BITOG proponents of tort reform are saying "go for gold" in this thread.

+1. ...................