I miscalculated the number of steps left while going down a flight of stairs. I thought I had reached the bottom but there was another set of steps and my foot unexpectedly went lower; I rolled and sprained my ankle very badly. The lighting in the store was VERY dim (probably about as dark as the most dimly lit bar in your area) and I could not see the last step. Do I have a case? If so, does anybody know any lawyers in the Los Angeles area?
2006-12-28 10:16:07 · 24 answers · asked by HL 2 in Health ➔ General Health Care ➔ Injuries
Open your eyes. You chose to go into the store, you should have realized it wasn't well lit. Common sense!
This country is SUE happy. Remember Karma!!!!
2006-12-28 10:19:03 · answer #1 · answered by sissyfyia 3 · 2⤊ 0⤋
1. Suing the store in this matter won't get you very much. "Soft tissue injuries", such as sprains, are very difficult to prove.
2. The store, by law, has an obligation to pay whatever medical bills develop from an injury that occurred on their premises during normal hours of operation. If they refuse to pay your medical bills, then you should sue them for that, and you should win.
3. If you, even in passing, mentioned that insufficient lighting was responsible, then they've likely already remedied the issue, and can assert that the lighting was there previously, which would be difficult for you to prove without a host of witnesses.
4. People that sue for "pain and suffering" are leeches on misfortune and should learn to accept that "accidents happen".
2006-12-28 10:22:43 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Ten lawyers are knocking on your door right now! jk,
I don't know CA law but in Texas a premise liablity (slip and fall) case is very hard to win. Also given the extent of your injuries are only a sprain and not broken bones or paralysis I doubt you will find an attorney who will want to take your case to sue for about $1,000.00 in medical bills.
Best bet is to ask the store to pay your medical bills.
2006-12-28 10:20:47 · answer #3 · answered by Christopher McGregor 3 · 0⤊ 0⤋
You can sue for medical expenses because the store is liable for ANY injury on their premises regardless of the cause but if you did not report it to an employee at the time, you will have a difficult time proving it happened on their property. Your medical insurance company requires you to go after the property owner before they will pay anyway so at times like this you have no choice.
2006-12-28 10:26:40 · answer #4 · answered by jidwg 6 · 0⤊ 0⤋
yeah u might have case look for a lawyer that uses contingency fee arrangement (a method that allows many individuals who have been injured or seeking damages, such as those resulting from an auto accident or a medical malpractice case, to obtain legal representation even if they do not have money to pay a lawyer at the outset of a case)
it the best thing to do
good luck
2006-12-28 10:26:47 · answer #5 · answered by pintado_j 2 · 0⤊ 0⤋
You can certainly try to sue, however, it is not always easy to get a lawyer to take your case, and even if you do, you are not guaranteed to win anything. You must prove beyond a doubt that you have permanent damage. I was a victim of a botched appendectomy that ended up costing me half of my bowel, and I'm still not sure I will get anything. So don't start spending any money proceeds yet.
2006-12-28 10:31:19 · answer #6 · answered by dbarnes3 4 · 0⤊ 0⤋
ceratinly. you have a case if you have evidence. it all depends on evidence. did you report it at the time? did they fix the light? did the store make a record of it.?did you get verification or corrobaration or have any witnesses. is there a video? these are all key to the case.
also the damages should be big enough to warrant a lawsuit. what were your medical costs and so forth. what about loss of income for job. or pain and suffering. these must add up and be provable or forget it.
2006-12-28 10:20:56 · answer #7 · answered by Anonymous · 2⤊ 0⤋
You could sue, but do you have medical records proving your injury? Do you have a way to prove that your injury was a direct result of the lighting in the store and was in no way your fault? How much do you plan to sue for? For medical bills? For missed work? For "mental anguish" as a result of your injury?
2006-12-28 10:24:55 · answer #8 · answered by robbet03 6 · 0⤊ 0⤋
You really want to sue over it? It's that a little excessive? You didn't break anything... You could point it out to the store and tell tehm what happened - maybe you'll get a discount or something. But there seems to be not reason to get sue happy.
2006-12-28 10:19:06 · answer #9 · answered by Tab 2 · 2⤊ 0⤋
Sure, and sue the maker of your shoes, and the people who painted the wall, and the light bulb company, and the makers of the deoderant soap you use, and city for allowing that store to be built, and a couple random people who were in the store with you...
2006-12-28 10:20:08 · answer #10 · answered by Uncle Remus 4 · 3⤊ 0⤋