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'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?

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 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.

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.

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

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.

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.

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

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 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.