lawsuit question

[eljefino]

As someone suffering a busted ankle I can report those mart carts:

1) stop if your weight shifts off the seat. You have to turn ignition off then on again

2) stop if you release the accellerator paddle. It's spring loaded.

3) stop if you switch off the ignition switch

4) go slower than walking pace.

If any of this is malfunctioning, you have a case against the store. Otherwise, the woman is mostly liable.

Being near a pharmacy they'll have tons of cameras. Get tape.

 

[Pablo]

Originally Posted By: 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. ...................


An opportunity lost.............

 

[CivicFan]

Originally Posted By: 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.


Do this while your dad is still able to do so. Costco has deep pockets and they will settle. You need a lawyer ASAP.

 

[CivicFan]

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


People who want tort reform want it for the others, not themselves or people they know.

 

[Pablo]

Originally Posted By: 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 ?



You have a point. This isn't an opportunity to get rich or worse get more lawyers rich. His dad should be made whole.

 

[LAGA]

Being on the topic of tort reform, I watched a documentary last night on HBO called "Hot coffee". It tells how insurance companies and large companies did a full PR blitz years ago to blow out of proportion the problems of frivolous lawsuits. In short, big business buys our lawmakers and judges to limit the amount that they are liable for in cases where they are clearly at fault. The title refers to the case where the lady spilled hot coffee from McDonalds on her lap. You think you know the full story but you don`t because they have used this case as a smear campaign for tort reform. One example, in states where they have put settlement cap limits on malpractice suits, the cost of insurance for doctors has not gone down so it is the insurance companies that are saving money. It should be watched in its entirety as it covers different aspects of tort reform and how it impacts the common man.

 

[Schmoe]

Wow. I am totally shocked by some of the comments here regarding this. A law suit? No disprespect to the obvious victim or the son, but a law suit? Was an unfortunate accident. Can't see how this was "planned" out to happen or any type of criminal activity. Yes, I know there is some pain and soft tissue damage, but seriously? Ya'll would sue over that? Amazing. I guess my age is showing here, but we have become sue happy.

 

[CivicFan]

It's tort - a civil matter, not a criminal matter.

 

[01rangerxl]

Originally Posted By: Schmoe
Wow. I am totally shocked by some of the comments here regarding this. A law suit? No disprespect to the obvious victim or the son, but a law suit? Was an unfortunate accident. Can't see how this was "planned" out to happen or any type of criminal activity. Yes, I know there is some pain and soft tissue damage, but seriously? Ya'll would sue over that? Amazing. I guess my age is showing here, but we have become sue happy.


Even without any malicious intent, there's still negligence here. If the scooter is faulty, the store is negligent for not maintaining safe equipment. If the woman driving the scooter was unable to operate it safely, she is negligent for ever getting on it. It may have been just an accident, but it was a totally preventable one, so there is negligence.

I don't think anyone sees this as the OP's dad winning the lottery. It's definitely an unfortunate situation for all involved, but seeing as the OP's dad did absolutely nothing wrong and was injured, yes, I think the negligent parties should be sued.

 

[hattaresguy]

Well whatever legal means you decide to pursue I wouldn't be posting it on an internet forum. Actually I'd delete this thread if I were you.

 

[Boatowner]

This is pretty straight forward, through no fault of his own, he was hit by an out of control cart. That he was hit a second time makes it easy. I drove those carts a few times after my hernia surgery, I don't see how it could keep hitting him without malfunctioning. Costco is without a doubt liable, probably the cart manufacturer and likely the woman driver. But....

Lawyer up, find out what his rights are and let them take care of it. This should be an easy and quick out of court settlement with Costco or all three. The lady would be paying through her homeowner's insurance, if she has any.

If Costco is smart they are already trying to settle. Then they can take it up with the cart manufacturer if there was any malfunction.

 

[PR1955]

I agree. The "victim" should be compensated for any and all medical expenses, but a lawsuit ? I am sure there is some pain and discomfort involved, but it was an ACCIDENT ! Did the woman aim for him ? Why do we always have to find someone to blame and sue ? Unfortunately, accidents happen. I sincerely wish a full and speedy recovery for the "victim", but is suing someone going to help ?

 

[01rangerxl]

Originally Posted By: PR1955
I agree. The "victim" should be compensated for any and all medical expenses, but a lawsuit ? I am sure there is some pain and discomfort involved, but it was an ACCIDENT ! Did the woman aim for him ? Why do we always have to find someone to blame and sue ? Unfortunately, accidents happen. I sincerely wish a full and speedy recovery for the "victim", but is suing someone going to help ?


Because often times when a person or organization does something wrong (negligent), they will make every effort to avoid correcting it. If OP's dad says nothing and takes it because it was "just an accident," the potentially faulty scooter will still be in service, the woman who might not be fit to operate such a device will be back on one, and OP's dad will still have bruised legs.

 

[eljefino]

Suing will help because of how medical bills are handled. Sad, but we seem to like to play the game of pinning blame and deciding which insurance company is more liable than the other.

 

[Schmoe]

I'm up with that....so check the cart, don't let the woman operate the cart and move on. It's ALL ABOUT MONEY, PERIOD. A lot of ya'll sound like lawyers.

 

[Mr Nice]

Costco has VERY deep pockets.

Contact the law office of Goldstein, Feldman and Shapiro.

 

[01rangerxl]

Originally Posted By: Schmoe
It's ALL ABOUT MONEY, PERIOD.


Well yeah, that's a language Costco understands. You want them to do something, go for the pockets.

 

[ryansride2017]

Well, after reading this post I'll be on my way to throw up in the bathroom. First off, I hope your father makes a great recovery and gets back to normal as soon as possible. Secondly, "P00P" happens. Sometimes you are in the wrong place at the wrong time. I must be getting old as well because it is utterly disappointing to see so many people say "lawyer up". This, my friends, is why we all pay sky high insurance rates. It is sad to see people try to squeeze individuals/companies for every dollar they can get. Once again, I hope your father makes a quick recovery.

 

[01rangerxl]

Originally Posted By: ryansride2017
It is sad to see people try to squeeze individuals/companies for every dollar they can get.


It's not about getting every dollar he can get, it's about getting fair compensation for something that should NOT have happened. Legal action is how that is done when it is a corporation who is negligent. They are not going to compensate you out of the kindness of their heart!

The accident excuse is a cop out. People get in car accidents everyday and we still put fault with one or more of the parties. Just because something is an "accident" doesn't mean it's "nobodies fault."

I have to tow a trailer for work, so on any given day there's 2000 lbs. of stuff rolling behind my truck on public roads. Say I'm having a rough morning and I somehow don't secure the trailer well enough, it pops off in traffic, and trashes the front of someone's car behind me. The damage to their car is just cosmetic, they can still drive it. I didn't mean to damage their car, and it's "not that bad." I guess in this situation, since it's just an accident, I just get to carry on as usual right? I don't owe them anything because I didn't mean to do that, right? Wrong. I would be cited by the cops, there would be an insurance claim, and if I tried to duck out of any of it, there would absolutely be a lawsuit because I was negligent. Why should we hold corporations to a much looser standard than that?

 

[rjundi]

Sorry about your dad.

Costco has insurance and cash beyond for this. The lady much more difficult and not worth it. If she is liable the Costco's Insurance carrier and Costco lawyers will turn on her to collect.

Contact a lawyer. Good luck.