. She fell and broke her two front teeth and bruised her nose and face pretty bad. Target is paying medical bills. Is there anything else she can get from them?
Anonymous
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A great deal on designer housewares at bargain prices.
Oldlady
I'm surprised they are paying medical bills, since it wasn't their fault the bag was blowing around the parking lot. (Unless you can prove it came from a dumpster they didn't close or the place was full of bags because they weren't maintaining the area, they didn't do anything wrong.)
Given that they did nothing wrong and don't have to even pay her medical bills, be happy with that. If you get greedy, they can refuse to pay her medical bills.
If they did cause the bag to be blowing around the lot, then you could get money for pain and suffering, lost wages, and other losses.
But I also don't believe your story. I cannot imagine how a bag would wrap around her legs, causing her to fall and she didn't even notice the bag coming at her. And that's what a jury will wonder as well.
ornery and mean
In order to get more than the actual damages she suffered it's likely that she would have to prove that through either act or failure to act the defendant (Target) allowed conditions that created an unreasonable risk of injury to others.
The defense would counter that a reasonable person would realize that stepping on the bag might be hazardous and cause the person to fall and injure themselves.
She should be happy that Target is paying her actual damages, trying for punitive damages or pain and suffering might not be in her best interest!
?
Since you can't really argue they were negligent that a bag was blowing around I wouldn't waste my time trying to get more. As soon as you do they will take it to Court and drop the offer to pay medical bills.
wizjp
Get the video footage before it ends up embarrassing her further if there is any.
I'm shocked they are paying at all.