Can we sue the business if my wife fell and injured herself on the property? - Accident Law Questions and Answers- LawQA.com

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Can we sue the business if my wife fell and injured herself on the property?

My wife tripped on a low curb and fell while entering a business. She jarred her neck and was in significant pain. She has had cervical fusions times two and was concerned she had reinjured. She ended up going to ER where she had a CT and an MRI. She has medical insurance, buy my question is regarding the liability of the business establishment. My wife's contention is that the curl was not properly marked. Would it be worthwhile consulting a private lawyer? Thank you.

Answer By Lacy Fields
Lacy Fields, Attorney at Law, LLC
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Absolutely. You could be entitled to money for your medical bills, future medical bills, lost wages, future lost wages, and pain and suffering. It certainly could not hurt to consult an attorney.

Answer Applies to: Missouri
Replied: 1/8/2012


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I am a Missouri personal injury attorney that handles claims in nearly all parts of the state. I am sorry to hear about your wife's injuries. Whenever a person is injured on property owned by an individual or business, this is referred to as a "premises liability" claim. It is necessary to establish that the person responsible for maintaining the condition of the property, who may be someone other than the acutal owner of the property, was negligent in some fashion, in order to recover compensation for the injuries that have resulted. There is almost an endless amount of ways that negligence can be established. A step up or step down that is not adequately marked with a warning sign, potholes in a concrete surface, loose tiles or wet, slippery surfaces, are just a few of the many ways that a property owner or maintainer can be found to be negligent. In our experience in the handling of these cases, we have established liability on the property owner or maintainer in numerous ways. It does appear, from the facts that you described, that another insurance company, besides your wife's health insurance, is responsible for paying all medical costs, pain and suffering damages, and compensation to cover any future medical expenses. Backand neck injury cases are complex and the amount of compensation you are entitled to can be quite substantial, but only if the proper medical and legal arguments are presented to the insurance company. I cannot stress the importance enough that your wife talk to a personal injury attorney as soon as possible. There are deadlines in pursuing these claims, and she should not try to discuss the claim with an insurance adjuster without receiving legal advice. I hope this helps you and your wife, to some extent at least. Thanks.

Answer Applies to: Missouri
Replied: 1/8/2012

Answer By David W. Craig
Craig Kelley & Faultless
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Yes I believe that it would be worthwhile to meet with an injury attorney. You should take pictures of the curb and bring those with you to the meeting. If the curb is dangerous it is worth pursuing to at least make the business make it safer in the future. If the business was negligent then it should pay for your medical bills, lost wages as well as for her pain and suffering.

Answer Applies to: Indiana
Replied: 1/6/2012

Answer By Richard Martin
Law Firm of Martin & Wallentine
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Yes, it is worth consulting with a personal injury attorney. If there was a defect or dangerous condition on the premises, and the business knew or should have known about the dangerous condition, then liabilty could follow. The fact that the injured party has medical insurance does not bar recovery in full for the injuries, and any non-economic damages (more commonly known as pain and suffering).

Answer Applies to: Kansas
Replied: 1/6/2012

Answer By Jared Altman
Law Office of Jared Altman
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Yes.

Answer Applies to: New York
Replied: 1/6/2012

Answer By Steven Dunnings
Dunnings Law Firm
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How can a curb not be properly marked? Was this curb at the buildings enterance or outside of the building? In Michigan, if a danger is "open and obvious" a landowner has no duty to warn.

Answer Applies to: Michigan
Replied: 1/6/2012

David F. Stoddard
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These are very difficult cases to win. It helps if there is a building or design code violation. Yes, you should consult an attorney.

Answer Applies to: South Carolina
Replied: 1/6/2012

Answer By Mark Leonardo
Law Office of Mark J. Leonardo
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Yes its worthwhile to speak to an attorney. I successfully handled a parking curb case last year. They are not easy cases and slip and fall cases are disfavored in the law. But they can be won. In any event, you should make a report and take a lot of photographs of the scene before they change it. Hold a ruler in a close-up photo to show the height of the curb. The property owner should have a medical pay provision to cover some portion of medical expenses regardless of fault. I recommend that you speak to an attorney to ascertain whether you have a case or not.

Answer Applies to: California
Replied: 1/6/2012

The Law Office of Harry E. Hudson, Jr.
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Yes it would be. Take any pictures you have and copy of any medical records.

Answer Applies to: California
Replied: 1/6/2012

Answer By Robert Kelly
R. D. Kelly Law Firm, P.L.L.C.
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The category of cases dealing with situations like that is called "premises liability". An analysis of a premises liability case starts with determining the status of the injured person as trespasser, licensee, or invitee. The most favorable scenario for a plaintiff is that of a business invitee. "The possessor of land is liable for injuries to a business visitor caused by a condition encountered on the premises only if he (a) knows or should have known of such condition and that it involved an unreasonable risk; (b) has no reason to believe that the visitor will discover the condition or realize the risk; and (c) fails to make the condition reasonably safe or to warn the visitor so that the latter may avoid the harm." Huston V. Church Of God, 46 Wn. App. 740, 732 P.2d 173 (1987). (You can read relevant cases on the MRSC website.) You should call an attorney to help you with your claim.

Answer Applies to: Washington
Replied: 1/5/2012

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