Bicycle slipped in dumpster ooze-wrist broken-no witness?
Mr Rebel was riding his bicycle through our neighborhood and turned around in the back of a chain grocery store's parking lot. He does this most every evening, long before dark. The store has a condensate drain that runs from the back of the building & across the back parking lot. The water runs within a couple feet from the corner of a dumpster. Saturday night, Mr Rebel's bike slid out from under him and he caught himself by falling onto his hand, cracking bones in his wrist. After he picked himself up, he noticed that there was garbage juice coming out of the dumpster, mixing with the condensate water.
The only witness of any sort was someone who drove by while Mr Rebel was laying in the parking lot, next to his fallen bike. They gave him a look of disgust and drove on. We have insurance that will pay 80% of the ER visit, the orthopedic surgeon & the surgery clinic. My question is: Since there was no real witness, is there any chance of getting the store to pay the uncovered bills? I do have pics and video of the area, showing the slippery ooze and the water.