Dad tripped on something in a parking lot and the store refused to write an accident report. Dad passed 3 days later, should I pursue something?

I am sorry for your loss.  My deepest condolences. Your dad 's passing may have been sped up by his fall. I think you could chat to an accident claims attorney and pursue it. I would do the same. The fact that the shop alone, refused to do a report is downright disgusting. I hope you have a picture of whatever he tripped on.

I think the original poster Kimmersue72 has left the building. She hasn't responded back to any of our questions in the past 5 days :(

I don't think there is much you can do. You would have to directly tie your dad's death to the fall....My mother was in a nursing home, on Medicaid, and one night she all of a sudden got up out of bed, walked down the hall, and fell like a bag of hammers right halfway to the nurses' station. Broke her hip, was sent to the hospital, repaired, sent back. My brother called the ambulance chasers on tv just to see what they would say, and they said it would be hard to prove, etc. Any monies at all retrieved would go right to Medicaid.....I am sorry for your loss, dear. Sometimes it's an open and closed case, sometimes there's no chance.

I too am sorry for your loss. You should've called the police to write a report but try and persue it anyway, they r at fault.

You have a case if you can tie the fall to his passing. It doesn't matter that no one lost any work (or that there have been no medical bills). The fact that they fixed it is also irrelevant. There can be a claim for wrongful death. Please contact an attorney who can advise you properly. I'm not sure where the ignorance comes from people saying there is no case unless you or your dad lost time from work. (I am an attorney.)

Susanesmith...the sidewalk was owned by the city and the church. Weird city law. Frankly it was a pain I guess to get the city to admit to needing repair and for the church to be able to pay for it. But eventually both parties did and I think frankly it was because of a monetary gift by a deceased member that allowed them to pay for it. It's a very small church. It was irritating to me though that it took so long.

They have camera video of the incident & this can be obtained by sophoena by a injury lawyer

FF raises a good point. Typically stores in groups, or in strip malls or regional malls, are covered by what's known in the trade as REAs (Reciprocal Easement Agreements). Every store needs to execute one and abide by the terms, which provide for parking lot maintenance, snow removal, etc.

If a suit were brought, it would likely name the developer or manager, as FF states. These companies typically have big bucks, and high powered law firms managing litigation which manage and oversee case management by personal injury defense firms representing insurance companies.

But a lot depends on the store, whether it's a mom and pop store, a chain, and more.

However, I think the issue might be moot as it doesn't seem as though the OP has returned since first posting 4 days ago. And none of the earlier questions have been answered, so what happened, how it happened, how injuries might have been sustained and their relevance to the unfortunate death of her father all remain unanswered but important questions.

If the parking lot is used by other stores, then the liability would be with the commercial management company that oversees the maintenance and rental of the building space and the surface parking spaces.

Sue the place and don't do business with them anymore

freqflyer wrote just what I was thinking. Was the trip hazard one that a reasonable and competent person would have seen and stepped around? If it was, I would let them off the hook. When I take my mother out I know that everything is a hazard to her. She often thinks I am mother-henning her getting her out of the line of cars and away from holes and obstacles. The world is loaded with trip hazards. Was there anything exceptional about this hazard that would make it more negligent. Things like curbs, ramps, tree roots, holes, uneven pavement can all be trip hazards to someone with poor sight and mobility.

Kimmersue -- If you're considering initiating a lawsuit, keep in mind that preparing for one can use up more of your time, money and peace of mind that you might be willing to part with. Years ago, I was considering suing a physician whose misdiagnosis of my husband's illness may have been the cause of my husband's death at 35. In preparation for the lawsuit, my lawyer put me on the defensive, grilling me as if I were the defendant in the case. I soon realized that I was better off dropping the case in favor of keeping my job and my sanity.

Kimmersue72, so sorry for your loss. May I ask what was it that your Dad tripped on?

Both myself and my boss are senior citizens, and both of us had fallen in his building at different times. He on the stairs, and me in the parking lot. He wasn't paying attention being on his cellphone, and me not watching where I was walking. Both of us were injured.

I figure either my boss or I could have fallen at our homes and had the same injuries. Thus, unless a public place was totally negligent knowing that item was a trip hazard, then I would check with an accident attorney to see if there is a possibly of recourse. The fact that the trip item had been removed, tells me maybe this could have happened before.

If you have proof of injury like say from an autopsy, I would definitely go for it.

I don't know if you've spoken with management or even the head corporate on this matter, but it would be a good idea. Have you googled the store name and then headquarters in the search box? For instance, here's an example of what I'm talking about for instance, here's an example of what I'm talking about:

Open Google

In the search box type in

(Store name) headquarters

If necessary add contact info. Contact the headquarters of that store and if necessary, the federal trade commission, BBB and even your state attorney general

I would also speak to a lawyer anyway and see if that place has security video footage and even get a copy of his death certificate to see what your options are. If he's already been buried, hopefully you have a copy of the bill from the funeral home. That store should at very least reimburse you for the cost of the funeral and disposition. If his disposition is still pending, request that a medical examiner get involved and try to get a report from the medical examiner. Tell them exactly what you told us here and see if it can be proven through a medical examiner, this may actually require an autopsy 

I'm sorry about your loving father who passed away just three short days after such fall. I would immediate,without further delay consult with a qualified competent lawyer so he or she can properly determine,assess such to see if you're having a viable claim. If he had any pre-existing condition i am sure the store defendant shall attempt to partially or even fully blame it on that. Feasibly,and or maybe just settle to avoid any further legal action. Speak to a lawyer. ASAP. May your beloved father continue to RIP now as he is still living through you,at each happy rememberance of him,each smile,each pleasant thought.He is still with you,chica.adios." God bless.

Life is life, years are precious; please call an attorney. This is why businesses buy insurance. There may be nearby cameras that captured the accident.

Years ago my neighbor took an older man in as a roommate; she needed the money, but it didn't take long for her to realize she didn't like sharing her space. He and I became friends, we talked on the back balcony. He was a sweet, proud man who had lied to her about his age.

Then her screaming and verbal abuse started coming through our adjoining walls. She was going to throw him out on Christmas (!) and I shamed her out of it. Before New Year's she was screaming behind him as he carried things out to his car ... and fell in our driveway.

Shortly thereafter he called to tell me he had gone numb on one side - should he call a doctor? I said ABSOLUTELY.

The next thing I know, my neighbor tells me he died. She was in health care. I asked her how she did not see that he was fragile, MUCH older than what he told her. His family showed up from out of town for the last of his things and she was sugar sweet. 

As far as I'm concerned, she killed him. Yes he was old and probably not in great physical condition, but her behavior robbed him of years of life, robbed his family of memories.

I could have talked to his family members, but I didn't want them to know his last weeks were pure h*ll. There was nothing for me to do but say prayers, keep him in my heart and be glad when she moved away. Karma will handle it.

You need proof that the fall occurred was 911 or an Ambulance called. They would have documented the fall, the cause and the time and date of the fall. That would give you some proof.
I agree with others that this might not be worth pursuing if there are not monetary reasons. Did this cost you money, time off work? I am sure you will find a lawyer that will take the case, you can find a lawyer to take almost any case it is just a matter if it is worth the time and aggravation. And how much will you get? Given the fact that this was an older man with no "family to support", "not income producing" I would bet that you would not get as much as if he were a 30 year old man with a lifetime of potential income and a young family.
While heart breaking I would not consult a lawyer.
Be glad that they removed the trip hazard that caused the fall.
On the other hand if the fall did result in a hospitalization and extended tests and expenses it might be worth it to contact a lawyer so that medical expenses do not fall upon you. (If you signed that you are responsible for the expenses, if you signed nothing like that then do not worry as the hospital can not expect you to pay)

Harpcat, why did the church wait 7 years to repair a sidewalk that caused injury to one of their parishioners?

A parking lot or sidewalk that has an issue causing someone to all or trip is a hazard when not fixed and could constitute negligence. I tripped and fell over an uneven sidewalk that caught the toes of my shoe and I went flying and landed on concrete and broke my hip. This was at my church. I would have asked for their insurance to cover my medical costs except my insurance is such that it paid for everything and I was retired so didn't lose wages. They finally had it fixed bit not for 7 years!! If your dad was injured due to the tripping hazard they could be sued. You would use a personal injury money to recoup any medical losses. If it caused his death, then they would also take that into consideration under pain and suffering.

I'm also very sorry for your loss. I'd ask around for a reputable attorney, and run it by her/him as a free consultation. It sounds like a written apology would make a big difference to you, and maybe best for you to make the request for it in writing. At least drafting that letter will help you get in touch more with what you are thinking. God rest your dad, and bless you.

I am SO sorry for your loss. The big question is did your father die as a result of this accident you think? Due to 'his health problems' was written and it sounds like this fall was not connected in anyway. Like another commented - was he taken to a hospital as a result of this fall or a doctor (written records?). If the answer is no to both of these questions, then I would not pursue it any further.

About 25 years ago my husbands grand pap fell on concrete steps in the nursing home he was living in. He had dementia. He hit his head he died very quickly. The facility was having construction done with no warning signs or banners up near the steps to not cross the line or barriers. My husbands uncle sued and won

Kimmer, several questions before considering suing...

1. Was your father injured? Did he go to a hospital? Was he treated for injuries from the fall?

2. How old was he, and what medical problems did he have?

3. What were the causes of death listed on the Death Certificate?

In order to sue, or rather first find an attorney to handle a case, your father would have had to sustain injuries arising from the fall. And it would have to be documented in medical records.

Lost wages is not the sole justification for suing; if he was injured and lost wages, that would be addressed in the complaint. And often the two go hand in hand.

The issue is whether the condition of the pavement caused the fall, and whether the injuries sustained can be attributed directly to the fall.

I am sorry for your loss; it must especially difficult if you feel that the fall contributed to or caused his death.

If you are asking about suing... I can only ask you if you have a loss that you can point to? Did your Dad get medical treatment? Taken from the scene by ambulance?

He obviously did not lose any time at work..did you?

If you suffered no monetary loss, then you have no case.

It is galling to have a store not even apologize for this. But, without the accident report, you are not likely to even get that much.

Sometimes it is just better to turn the page and move on

I'm very sorry for your recent loss of your father.

The store has already corrected the fault that caused your father's fall. That's a good thing, isn't it? It means that no one else will have the same accident.

You could write to the owner of the store (go to the top, don't talk to underlings) and make a formal complaint. This will give the company an opportunity to give your family a proper apology for what happened and explain how they would like to try to put things right.

You could, if you can put a figure on it, ask them for compensation. They should have public liability insurance; if you make a formal complaint which you would be able to substantiate, the insurer would rather pay up than contest the matter in court, by and large.

Or, stepping up a gear, you could pursue a claim for damages against whichever organisation is responsible for the proper maintenance of the parking lot (it isn't necessarily the store, they may use a contractor). You will need to show proof that they fell short in their duty of care towards your father, a customer and a member of the public; and that their negligence caused him personal injury for which his estate is owed reparations.

Did you take photographs? Do you have a medical report detailing injuries he sustained in the fall?

The best thing to do is to work out in your own mind what you think the store ought to do to make up for the hurt and trouble they caused your father and your family; and then take it from there.

Do you, when it comes down to it, feel that they were partly responsible for his dying when he did?