Is target's store responsible for someone placing a full shopping cart on escalator that run right into my left side on my waist

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target said that they will pay my med. bills but they are not responsible. and the lady that placed the cart on stairs has no insurance. what can i do about this issue?

Attorney Answers

6
Brian Pascale ·
I believe I just posted a response to this question. Please review that. More facts are needed. As for the lady that placed the cart on the escalator, if she has no assets, and no insurance applicable, then you will be out of luck in recovering against her.
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David Mccormick ·
If the negligent person has no insurance then she is probably judgment proof (no assets) and you have no chance of recovering from her. Without more facts we cannot give you further options.
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Gregory Scott GennarelliPersonal Injury LawyerMineola, NY ·
You should speak with an attorney in greater detail about the facts and circumstances surrounding the claim. There could be several parties responsible for your accident and injuries, in addition to the customer. For example, there may be a claim against the store depending on how the incident occurred; whether there have been similar incidents; whether there is a device used on the escalator to secure the shopping carts that may have failed; whether there should have been a device if the store permitted carts on the escalators; whether there was a problem with the escalator itself; whether carts were permitted on the escalators at all; signage; oversight; monitoring; etc. There could also be a potential claim against the escalator/elevator company or maintenance company. You should speak with a personal injury attorney to investigate a potential claim.
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Jeffrey Schwimmer ·
There are escalators that take shopping carts from one floor to another, in stores. Typically, they use a "tongue in groove" method to secure the carts to the escalator; whereby grooves in the wheels of the carts will fit into, or mesh with, the grooves in the escalator surface, so as to secure the cart in place until you get to the intended floor. There is a method to follow in how to place those carts into the grooves to maximize it being secured, and some establishments even assign an employee to place customer's carts on the escalator to, again, maximize them being secured. There are also companies that are hired to maintain the wheels on the carts, particularly since they are subject to wear and tear. Your accident can be a result of a number of factors which, if proven, would result in liability on the part of Target, despite what they claim is not their fault, but you do not give enough information for a more in depth analysis. You should definitely consult with an attorney, which will be free of charge, to go over the details of your accident. Jeffrey I. Schwimmer, Esq 20 VEsey Street - Suite 1200 New York, NY 10007 (212) 344-6700 [email protected]
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