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Tripped over a parking block & injured myself and my glasses. I am wanting the business' insurance at a min. cover my glasses.

Merrillville, IN |

Tripped over a parking block & injured myself and my glasses. I am wanting the business' isurance to at min. cover my glasses. The parking block was only a foot or two then a big curb. I didn't see the parking block and I do not think it is very visible because just a step further is the curb to the sidewalk. The business' insurance said they were going to contact me back but I have not heard anything and it has been over a month.

Attorney Answers 5

  1. Sounds small enough for small claims court.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

  2. You can follow up with the business insurance with a telephone call or a letter. The case is not an easy one. The business will argue that the condition was not dangerous and further argue that the condition was an open and obvious one. You can try to contact a personal injury attorney in the area. You may need to contact a number of attorneys before finding one who will commit to the case. Take some photos of the area in case that area is changed or modified in the future. Good luck.

  3. Talk to the business to see if they'll make it right. if not, consult with a PI attorney.

    Good luck!

    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.

  4. The business may have medical payments coverage as part of their insurance policy which would cover your damages up to the limit of medical payments coverage as no fault insurance. You do not have to prove fault on the business to access this portion of the policy if it exists. You likely only need to show that the injury occurred on the premises that are covered by the insurance.

    Otherwise, you have a difficult liability claim against the business. You must show that the business failed to exercise reasonable care in the maintenance and upkeep of the parking lot. It sounds like your complaint is the design of the curb and the parking block. You need to show that the design was unreasonable and created an unreasonable risk of harm to you and others. That will be difficult to prove.

    Chris Wyant Attorney at Law Brown Tompkins Lory & Mastrian 608 East Market Street Indianapolis, Indiana 46202 317-631-6866 phone 317-685-2329 fax

  5. If the business owner knows or should have known of a dangerous condition on the premises that he or she knew was possible or "foreseeable" or could present a danger to patrons, then he or she is said to have a duty to exercise ordinary care in either:

    1. removing the hazard; or
    2 at the very least, warning of the hazard

    The patron has an absolute right to assume that the business premises are reasonably safe unless there are obvious conditions or indications to the contrary of that assumption.

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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