Sounds small enough for small claims court.
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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.
Talk to the business to see if they'll make it right. if not, consult with a PI attorney.
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.
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 firstname.lastname@example.org www.btlmlaw.com
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.
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