Oceanside, CA asked in Personal Injury for California

Q: 90 yr old falls trying to open a door at a dept. store. Leaning on door when a lady open it from other side...

Broke her wrist. Who is responsible for all the bills and loss now and in the future? Is there a personal injury case here?

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3 Lawyer Answers
Benjamin W Scott
Benjamin W Scott
Answered
  • Fairfield, CA
  • Licensed in California

A: I don't know all of the facts, so I can't be sure. However, this seems like a pretty weak case. If someone is to be responsible for the injuries, there must be some level of fault. The store can be liable if it was somehow negligent in the way it placed it's doors or in some other way. From what you've shared, there's not much to show that the store was negligent. The lady on the other side might be liable if she saw the 90 yr old leaning on the door and still decided to open it. Then again, that will probably be hard to prove.

Jonathan Craig Reed
Jonathan Craig Reed
Answered
  • Las Vegas, NV
  • Licensed in California

A: Would a glass window in the door have been practical? It might make sense for an entrance to the store door. It might not make sense on a bathroom door.

Robert James Reynolds
Robert James Reynolds
Answered
  • San Diego, CA
  • Licensed in California

A: The conduct of the property owner, the person who opened the door and the 90 year old injured party need to be evaluated, with more information.

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