[tawanaj01]

If I am hit and knock down by the automatic door walking into a store ,do I have to prove the store has liability before I can sue? And is me being 85 have any thing to do with a law suit

[smoothy]

You can try and sue anyone for anything... winning is another issue. You are going to need to show there was a malfunction... and wasn't standing there waiting to get hit. Many stores have security cameras on the entrances getting a copy of that before its overwritten is imperative.

[ma0641]

And, being 85 has nothing to do with it! However, what are your injuries and how were they addressed.

[ScottGem]

Actually, I will disagree that being 85 has nothing to do with it.

But the issue here is negligence. Was the store negligent in not maintaining or setting the door properly? Were you negligent in the way you used the door? What damages did you incur because of the incident. These factors are what will determine whether you can win a lawsuit or not.

Did you file a claim with the store's insurer? If so, what happened?

[tawanaj01]

The replies were great we have the tape that clearly show the door knocking me down through no fault o mine but they are saying we have to prove they are liable. How do we prove that or do we have to, the door clearly was not working right.

[Fr_Chuck]

You will have to show that the door did not work properly, automatic doors open and close. That is how they work. Did you stand on the doorway too long ? Did you not clear the door fast enough?

Can ou show that the door was not working as it is suppose to?

Merely hitting you, does not show fault.

[tawanaj01]

The door was not working,one door came out the other one did not the one that came out hit me and knock me down and I have been in therepy for a year and I still hurt

[smoothy]

YOU didn't answer the question we asked... how long was you standing in the doorway? Automatic doors aren't extremely fast... and if you stand in the door opening without moving they will ALL hit you. THey also don't have much force when they do close. They also open slowly and they close slowly... something about how you describe this isn't making any sense.

[ScottGem]

Yand if you stand in the door opening without moving they will ALL hit you.

Automatic doors should have a sensor to detect is someone is in the path of the door closing and not close. It is possible the door was faulty or the sensor failed. But, again, you would have to prove the store was aware of the problem and did not fix it.

[tawanaj01]

I am 85 walking in a store one door open the other didt it knock me dowm,this is not the issue anymore the tape shows clearly it was the stores fault.do we have to prove the store knew that the door was broken. We have the tape of what happened I am hurt and have been in doctors care for 9 mothes I'm 85

[smoothy]

Did you read all or even any of the previous posts?

[ScottGem]

the tape shows clearly it was the stores fault.

Sorry, but I totally disagree. The way you describe it is not clear. You said one door came out the other didn't. Are you saying that the one that closed hit you?

In any case, you don't have to prove liability you have to prove negligence! You have to prove that the store was aware that the door was malfunctioning and did nothing to fix it. For that you need to subpoena the stores maintenance records and tapes for several days prior to your incident to show it was malfunctioning for an extended period.

You didn't answer my question of whether you filed a claim with the store's insurer.

Also, to post a follow-up add a reply to this thread. Please don't start a new question.

[tawanaj01]

Did you how do you prove weather the store did not maintain the doors or if it happened to someone else. We have the tape

[J_9]

Did you how do you prove weather the store did not maintain the doors or if it happened to someone else. We have the tape

Your attorney subpoenas the store's maintenance records for the door in question.

[ScottGem]

I think you missed my last response (post #12). It answers your question in post #13.

[tawanaj01]

Thank you good answer and we can probably look for lawsuits in public records thank you

[AK lawyer]

do I have to prove the store has liability before I can sue?

No, you prove liability after you sue, normally at the trial. And that proof is done with witnesses and documentation which hopefully show all of the factors discussed earlier in this thread as proof of negligence and resulting damages.