Broken leg in mall parking lot

Asked over 1 year ago - Eugene, OR

My girlfriend was walking into the movies at the mall, stepped in a pothole and fractured her leg in three places. Is there any grounds for a lawsuit? I'm on the other side of the country for a couple weeks so I don't know all of the details yet but she needs surgery and disability will not cover it allegedly. Thank you in advance for your thoughts. She is in Boston if that changes anything.

Attorney answers (7)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Yes, a pothole would be a defect, and a local personal injury lawyer should be retained who can investigate and get an expert out to document the pothole and pursue a claim. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  2. Robert Bruce Kopelson

    Contributor Level 20

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    Best Answer
    chosen by asker

    Answered . In addition toi the good answers above, have someone get out to the hole before it gets fixed. Have them take photos including some with a ruler or tape measure visible so the size and depth of the hole are clearly visible in the photos. Have some photos taken when approaching the hole from the direction your girlfriend was going before she stepped in it. You dont mention if it was daylight or not when it occurred, or if there was snow etc that could have obscured the hole. These are all important details, and why she needs to get with a good local atty right away, assuming she physically can do so.

  3. George Costas Andriotis

    Contributor Level 20

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    Answered . Yes she could file a premises liability claim. A local injury attorney should be able to help her out.

  4. Kevin Coluccio

    Contributor Level 20

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    Answered . Many factors to consider in such a case. I would make sure to get photographs of the pothole, then I would contact a local personal injury attorney to review the case.

  5. Michael Stephen Wilensky

    Contributor Level 10

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    Answered . You need to talk to an attorney in the state where the pothole is. This will come down to whether the management company of the parking lot knew about the hole and followed their proper maitenance rules of the property.

    Premises liability cases are complicated and you need to talk to an attorney as soon as possible so you can inform the possibly liable party that there was an injury on their premises.

  6. Joyce J. Sweinberg

    Pro

    Contributor Level 16

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    Answered . She should try to find someone on the find a lawyer section of this site. Photos should be taken now of the pothole and surgery as well.

    I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce... more
  7. Scott Douglas Camassar

    Contributor Level 16

    4

    Lawyers agree

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    Answered . Use this site to find a good lawyer near her or i can give you a name. She needs a lawyer for this one

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