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Can I sue for tripping up on uneven broken road - like a pothole in the car park of the Queen Mary hotel, which led to surgery?

Long Beach, CA |

I was not a guest but running in the public grounds of the hotel when I tripped due to uneven ground like a pot hole in their car park,and broke my ankle - two bones tibia and fibula, I aslo dislocated it, and did major ligament damage. Then I developed 2 superficial blood clots. The injury caused a lot of scar tissue which meant I couldn't get my foot back to 90 degrees, so my achilles tendon tightened and I now have just had surgery, to scrape out the scar tissue and lengthen my achilles. I have not worked since Nov 26th 2009

Attorney Answers 3

  1. It depends on the extent of the deformity on the surface of the pavement, where it was located, and showing whether the owner/operator of the premises had actual or constructive notice of the defect. If you haven't done so already take pictures of the area where you fell.

    There may also be some issues of comparative fault given that you were running at the time.

    Our firm handles trip and fall cases on a regular basis. You can give me a call at 213-626-0571 for a consultation.

    Be aware that the clock may be ticking for you to make a claim as the premises you tripped on may be owned or controlled by a government entity. If so, you have six months from the date of the incident to make a claim. I'm assuming the incident occurred on or about November 26, 2009 so you have until May 2010 to file a claim.

  2. MY firm handles slip and fall cases all over the state of California. You may call me for a free consultation at 800-816-1529 extension 1.

  3. These facts can prove to be quite difficult; however, it does depend on the degree or severity of the uneven ground, and whether or not the party or entity who had control and dominion over said ground had notice of the defective condition and did nothing in a reasonable time to remedy it. You definitely have medical damages. No question there. The real issues are the two I outlined above.

    Also, it would be important to explore why you were running (were you jogging, etc.), and whether or not you should have seen the hazard so as to avoid it. Definitely meet with a local personal injury attorney to help you further.