Son tripped on unbarricaded wood, and broke his ankle badly.

Asked over 2 years ago - Enon, OH

Hi. My son was at a Habitat Restore in Ohio. Him and his brother were carrying a door that they had purchased for home usage, and didn't notice the wood on the ground. My son fell onto the wood and the door came down on his ankle and broke it where he needed extensive surgery. They have insurance for liablility, but they are telling my son that it doesn't cover what happened to him. I would really like to know how it isn't covered when it was their negligence for not having barricades or notices that the wood was there. He has around $40,000 in medical bills, and they aren't done. I know because of so many people putting in false slip and fall claims, that is why they don't want to cover him. It wasn't a slip and fall, it was tripped on wood that wasn't where it should have been. Thanks

Attorney answers (3)

  1. Mark Wayne Napier

    Contributor Level 10
    Best Answer
    chosen by asker

    Answered . Premises accident claims can be tricky, but regardless your son should certainly consult with an experienced personal injury claim in your area immediately. Do not delay, as the attorney will want to do some investigation, and try to preserve any security camera video, if any, or other evidence that may show the condition of the grounds at the time of the fall. And, believe me, there are very few false slip and fall claims out there, but the insurance industry has done a good job of convincing ordinary citizens of this myth so they can get biased jurors in their cases. Good luck, and don't delay any further!

  2. Raymond Scott Costantino

    Pro

    Contributor Level 16

    Answered . I would recommend that your son hire an experienced personal injury attorney in your area to pursue this matter. You can locate an attorney on avvo.com. Your son should speak with an attorney before signing anything or giving a statement to the insurer. Good luck to you and your son.

  3. Richard Edward Noll

    Pro

    Contributor Level 10

    Answered . Definately consult a personal injury trial attorney in your county. The store should be responsible if there was a dangerous condition (the wood) on its property that it knew or should have known about or placed there without warning to patrons. Your son may also e assessed someportion of fault for failing to look where he was going. The store's insurance policy may not have a medical pay provision to cover medical bills but should have liability coverage for injuries arising out of their negligence

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