If you are at a store and a driver hits you in the parking lot, is the store responsible? In most cases, the answer would be no. However, there are exceptions. Read on to learn about a well-known case involving a woman who was killed when an SUV drove into a store in Massachusetts. If you have been injured on the property of a person or company, you may be eligible to collect compensation for damages. Reach out to Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
The basics of the case
The case in question involves a Cumberland Farms convenience store in Chicopee, Massachusetts. The incident happened on a cold November day in 2010. Kimmy Dubuque, a 43-year-old woman, was entering the store. At the same moment, an 81-year-old man driving an SUV had a stroke, lost control of the vehicle, and crashed into the store. He pushed her through the wall and she died from her injuries.
Why was the store at fault?
On the surface, this may seem as though it is an open and shut case of an accident. The driver had a medical emergency that rendered him unable to control his vehicle – how could the store be at fault? According to the family, Cumberland Farms was at negligent in not installing safety devices that could have prevented her death.
The safety devices, known as either barrier posts or bollards, are common at stores of this type. The lawyers for Dubuque’s family noted that between the years of 2000 and 2009, there were more than 480 incidents of vehicles jumping curbs at Cumberland Farms stores. The result were at least 13 injury claims in addition to property damage exceeding $1.5 million. The accidents took place over more than 500 stores in the U.S.
The jury agreed with Dubuque’s lawyers
The jury awarded in Dubuque’s favor. The deciding factor was that retail stores should have the responsibility to protect their customers from preventable accidents – and this includes runaway vehicles. The fact of the matter is that cars and other vehicles crash into storefronts more than many people know. Stores should know that this is an issue and they should take steps to protect customers.
Have you been injured in a preventable accident?
If you have been injured in an accident that could have been prevented by a business owner or home owner keeping their property safe, then you may have grounds for a premises liability lawsuit. You could be eligible to recover damages for medical bills, lost wages, pain and suffering, and more.
Are you not sure if you have case? Do you believe you do and are ready to talk to a personal injury attorney? Then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation. We can go over the facts, assess the situation, and offer our best advice on how you can proceed.
