I tripped & fell in a hospital parking lot. Tore ligaments in shoulder. Sue?

Asked over 2 years ago - Clarington, OH

This hospital has no sliding doors. Parked back at the bay for the squads. Got out of car, walked around it and tripped over a yellow speed bump that is in the middle of the lot. Parked back there so I could ring the buzzer and they'd come out with a wheelchair for my husband. My left arm is numb, has burning sensation & is bad enough the ER doctor put me off work 4 days or until I can see my Dr.

Attorney answers (4)

  1. Andrew A Esposito

    Contributor Level 13

    3

    Lawyers agree

    Answered . I agree with Mr. Adams, it never hurts to consult with a Personal Injury attorney to really evaluate your case. However, I would not have very expectations. You tripped over brightly painted speed bump while walking through an area that may have been designated for ambulance use only. I am not a personal injury attorney, but in law school, we learned about "open and obvious conditions." In Ohio, "where a danger is open and obvious, a landowner owes no duty of care to individuals lawfully on the premises." Armstrong v. Best Buy Co., Inc., 99 Ohio St.3d 79, 2003 Ohio 2573, P14, 788 N.E.2d 1088. A hazard is open and obvious when it is in plain view and readily discoverable upon ordinary inspection. Mohn v. Wal-Mart Stores, Inc., 3d Dist. No. 6-08-12, 2008 Ohio 6184, P14. Further, a "'plaintiff's failure to avoid a known peril is not excused by the fact that he 'did not think,' or 'forgot'.'" Sneary v. McDonald's Restaurant No. 3830, 3d Dist. No. 1-2000-13, 2000 Ohio 1885.

    An experienced PI attorney may know if there are any exceptions to the cases cited above, but my gut feeling is that you do not have a viable claim.

    Good luck.

    Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You... more
  2. John Robert Sauter

    Contributor Level 11

    2

    Lawyers agree

    Answered . I concur with Mr. Esposito's answer - the speed bump in the middle of the road was an open and obvious hazard. Because of its open and obvious nature, you were expected to use caution. It wouldn't hurt to consult with a personal injury attorney - perhaps there are additional facts regarding the scene of the injury, etc., but I remain doubtful that you have a valid cause of action.

    Disclaimer: This does not constitute legal advice. No attorney-client relationship has been formed through this... more
  3. Jeffrey Mark Adams

    Contributor Level 20

    2

    Lawyers agree

    Answered . Sue; maybe. Consult with a local and qualified personal injury attorney asap; yes. Much needs to be done - photographs, investigation, witnesses, etc. Of course, get the appropriate medical care. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Howard Robert Roitman

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Consult with a local and qualified personal injury attorney it never hurts! pun intended.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

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