How do you determine who is liable in an accident?

How do you determine who is liable in an accident?

I was in the Deland Publix when a plane crashed into the store causing me injuries. Who is liable? Do stores carry a policy to cover shoppers. The pilot did not have insurance on the plane and sadly did not make it. Some people have said Publix would not cover this since it was not thier fault that the plane crashed, others have said their insurance would pay for it. Confused with a ton of bills to pay!

Rogue

The definition of "liability" gets stretched when you're involved in what would be characterized as a "mass tort" and/or in cases where the incident has some level of notoriety.Publix probably has no liability for a plane crashing into its store though the aftereffects of the crash can come into play. For serious damages I could see the lawyers dragging in the building designers, the people who manufactured and/or installed any fire retardants in the structure, the fire suppression system designers and installers, the people who maintained the aircraft, the people who trained the pilot, the aircraft designers, even the local fire department and/or persons in charge of inspecting the building for code violations or compliance issues.The most classic recent case you could reference is probably the Station nightclub fire which happened 9 years ago in Rhode Island. See -> http://en.wikipedia.org/wiki/The_Station… . In that case 100 people died and anybody who had anything to do with the fire, the building, the sponsorship of the concert, fire inspectors, event sponsors, and even the TV crew that happened to be there filming a story about crowded nightclubs was brought into it. $5 in fireworks and some flammable foam ended up in $175 million in settlements for 300 plaintiffs.Once something major happens the usual liability rulebook gets tossed out the window and the litigation frequently turns into an exercise in finger-pointing where everybody is trying to get out of it.Publix may have some form of medical payments coverage that pays some small amount for injuries that happen on their premises regardless of fault (like the medical payments coverage on your homeowners or renters policy does). Beyond that it depends on how badly they want to resolve everything. It may not be worth any bad press to fight your injury claim and they may just make it go away even though they don't have to.I would agree with the poster who advised you to check your uninsured motorists coverage on your auto policy to see if the definition of "motor vehicle" is broad enough to include airplanes.Short of them coming to you voluntarily with some sort of settlement though you may have to lawyer-up if you can find someone willing to take your case.

MSAD

Publix is not responsible for any injury or damage you suffered.In order for Publix to be responsible for your damage/injuries, they would have to be negligent. That means their action (or inaction) directly resulted in your injuries.In this case, Publix did nothing wrong.You will have to turn your medical bills into your health insurance carrier.If you have an auto policy, you may want to check with your agent to see if this could be handled under the uninsured motorist coverage of your policy. Some states/policies have pretty liberal language in the policy and you may not have to be an occupant of your auto. Since we don't have access to your policy/state laws, we can't tell you if this will work but all it would cost you to find out is to file a claim under your auto policy and let them investigate it.

Eric

Consult an attorney. But something tells me that Publix's insurance policy does not cover plane crashes. Also, I highly doubt it's Publix's fault. I mean, what are they supposed to do? Install antiaircraft guns on the roof? My best guess would be that your health insurance company will pay your medical bills, at best.

Zackattack

Liability falls differently depending on where you are. I would consult an attorney to find out who is liable and if you need to go after them if they are unwilling to pay.

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