Can I sue a business if there have been repeated accidents on their property? How? 15 Answers as of August 11, 2015

Walking out the back door of bar to smoke, tripped backward over cement curb. Cracked my head open and ambulance was called. Five staples in my head. After telling friends what happened 5 different people all said they have tripped over the same cement curb! I was amazed. Someone is going to sue eventually if they don't fix this. Can I sue them for my medical bills. I was drinking also.

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The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Might be tough, given Michigan's unfriendly premises liability laws, but definitely worth discussing. Basically, the hazard had to not be open and obvious. Things like lighting, unavoidability, etc., bear on the issue. The details have to be discussed.
Answer Applies to: Michigan
Replied: 8/11/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You can sue them, but the chances of winning seem small. If you had been drinking (and that's what most people do in a bar) then your negligence may exceed that of the owner of the building. On the other hand, he presumably had warning as a result of the other instances. Your damages may be high enough to discuss this with a skilled local personal injury lawyer, which I do suggest.
Answer Applies to: Wisconsin
Replied: 8/7/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
In Michigan, intoxication is a complete bar to a claim for premises liability. If the curb was readily visible, it will be considered your fault.
Answer Applies to: Michigan
Replied: 8/7/2015
Law Offices of George H. Shers | George H. Shers
Depends on how steady on your feet you were and whether the curb was obvious and/or defective.
Answer Applies to: California
Replied: 8/7/2015
Law Offices of Richard M. Levy P.C.
Law Offices of Richard M. Levy P.C. | Richard M. Levy
Yes, you can sue. However, your drinking will be a mitigating factor. Consult an attorney.
Answer Applies to: New York
Replied: 8/6/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    If the fall was caused by a dangerous condition on the property, then you can sue. Of course when you are in a bar, no one expects that you do not drink. You will need the case evaluated by a personal injury attorney about the liability and the value of your claim. Good Luck.
    Answer Applies to: California
    Replied: 8/6/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It sounds like there may be a potential, I would suggest you confer with an attorney about your situation.
    Answer Applies to: Michigan
    Replied: 8/6/2015
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    File a claim with their insurance company or hire an attorney if there is possible a negligence claim that can be made.
    Answer Applies to: Utah
    Replied: 8/6/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Your drinking makes your case much weaker. Take a picture, with a tape measure showing the lip of the curb or whatever so the photo has proper scale, attach it to a complaint letter to the city building inspector, cc mayor, police. Send it repeatedly to city councilwomen and the Missoulian.
    Answer Applies to: Montana
    Replied: 8/6/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You can bring a claim if the curb would be considered an unreasonable defect. You drinking may prevent a victory if that was the cause of the falls. It is an issue of fact. If you win it will be for more than medical bills. It will include pain and suffering, scarring , emotional distress etc. You best chance of winning is to have a lawyer.
    Answer Applies to: Connecticut
    Replied: 8/6/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Often times businesses have commercial liability insurance and part of such coverage may be "med pay" coverage. If there is med pay coverage, you may be able to be reimbursed for any uninsured medical bills from same. This coverage is typically limited to a few thousand dollars. You would need to talk to the bar owner/manager and get info. on the identity of the insurer, or the bar would have to report the matter to the insurer, so you could talk to them. Of course, if you have a good liability case it is better to consult a lawyer before giving any statement to the bar or the bar's insurer; however, under the circumstances you list, I am not sure there would be much of a liability case - especially in MI.
    Answer Applies to: Michigan
    Replied: 8/6/2015
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    A property owner can be sued for a "dangerous condition" on their property. Of course, the fact of your drinking will be argued as part of the defense against your claim, but then, the bar owner has to expect that. There may be a question of control over the particular curb in question - business or city.
    Answer Applies to: Colorado
    Replied: 8/6/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Well, you can sue, but your probability of success is low due to the alcohol.
    Answer Applies to: New York
    Replied: 8/6/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes, please have a free conference with an injury lawyer.
    Answer Applies to: California
    Replied: 8/6/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You may very well have a case, presuming the conditions were defective and the bar had control of the area you were injured in and that it knew there was a problem. Consider consulting an experienced lawyer familiar with premises liability cases. Good luck.
    Answer Applies to: Alabama
    Replied: 8/6/2015
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