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I fell in a parking lot, is that a reason to sue?

West Palm Beach, FL |

I walking back to my vehicle in the parking lot of this business. They have grassy areas in the parking lot, which I walked into and the heel of my shoe got stuck and I tripped and fell. I sprung my ankle and injured my knee ( by hitting the concrete when I fell) . That was a week ago and my knee still hurts. I have been to the ER and to my primary physician. Is it worth it? Please help. .

Attorney Answers 9

Posted

Potentially yes, you should consult a personal injury lawyer in your area. Take pictures of where you fell.

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Posted

There may be a reason to maintain a claim. You need to contact an experienced injury attorney handling personal injury cases in Palm Beach County. Please review my website to see if it answers any question you may have.

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Posted

I agree with David that you should consult with an attorney in your area and give that person more details about the incident. However, based on the facts you've provided, it does not sound like a particularly strong claim. There needs to be some sort of defect with the property. Falling alone is not enough - there must be some sort of negligence on the part of the landowner. That means that, generally speaking, there has to be a dangerous condition that caused your injury. This is where an experienced trial lawyer will need more facts from you about the grass, your shoes, and how/why you fell. I wish you the best of luck and a speedy recovery.

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12 lawyers agree

Posted

Perhaps. If there was any negligence on the part of the business/lot.

www.southfloridaaccidents.com

Daniel M. Berman www.southfloridaaccidents.com This is not to be considered legal advice nor does an attorney-client relationship exist.

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Posted

You may have a cause of action. To fully understand your rights, you need to sit down with a local personal injury attorney.

Best of luck!

Dan

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

I'm not sure if there was negligence getting your heel stuck in grass, but call a local personal injury lawyer to discuss the facts and details.

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

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Posted

As a general rule, NO YOU DO NOT HAVE A CASE. Since no one else will day so, then I will say so. Based upon the facts you gave, you wore shoes with a heel that lodged into a grassy area that you walked into under your own power. Gravity caused your body weight to lodge your heel into the grass for which you did not expect at that time, and you fell as a result. There is something called OPEN AND OBVIOUS that comes into play.

I am not trying to be funny, but if something lived in the grass that the business knew about and somehow had a duty to warn people about who otherwise would not have seen or even suspected was in the grass, and it reached up and grabbed your heel causing you to fall, then maybe. But other than something like that, no, you do not have a case.

That may sound brash, but the most honest answer is to nurse your wounds and do not wear heels in the grass.

Now, if they were doing construction and had a normal path blocked off and you had no other way to go BUT the grass, and then you fell, then possibly as well, as they had a duty to warn you that the detoured path may contain unseen and possibly unknown hazards. But just walking on someone else's property and falling outside by itself is not something to bring suit about. Even if you got hurt.

In my opinion, its not even something to call anyone about if the way you described it is how it happened.

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Posted

if the grassy area was not designed for pedestrian traffic probably not unless owner or possessor were aware that people were using as a walkway

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Posted

No case for negligence. There was nothing the land owner did that was unreasonable.
But, do make the claim to the property manager, as there might be medical payments coverage that will cover some of your medical bills, regardless of negligence.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me vblawyer@bellsouth.net, or visit my website http://www.millerlawoffices.us

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