Do I have a right to sue after an accident while walking? 14 Answers as of November 07, 2013

I was walking on the sidewalk in front of apartment complex where there is normally lights on but this night it was completely black out. Walking kids to go out for Halloween and didn't see where the sidewalk cuts short from the water drain and slipped, fell where I had no choice but to go up to the ER. Found out I had possible fractured a couple ribs since bruised bad and have a fractured radial head at the elbow. Causing me to not work and unable to go back to work until I see a specific doctor which I can't see without insurance and will cause me to lose my job. Do I have a case?

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Vasilaros Legal,LLC
Vasilaros Legal,LLC | Steven T. Vasilaros
Possibly. You should consult an attorney who handles this type of case for an depth investigation. Many attorneys will do this at no charge for the consultation.
Answer Applies to: Florida
Replied: 11/7/2013
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
You really don't give enough info to answer your question. You're going to have to show that someone was at fault and that you weren't at fault. Did the apartment complex have a legal duty to have the lights on? Why didn't you take a flash light? These are just some of the questions that are unanswered. Consider consulting an experienced personal injury lawyer. Good luck.
Answer Applies to: Alabama
Replied: 11/7/2013
S. Joseph Schramm | Joseph Schramm
You have sufficiently severe injuries warrant further review by a personal injury attorney. The question is whether the facts are sufficiently strong to hold the party or parties responsible for the lighting liable. Under the circumstances, it can be argued that the defective lighting condition was one that could have resulted in an unreasonably dangerous condition for persons who could be expected to be using the sidewalk. There is no guarantee that you could obtain a settlement or verdict in such a case, but it is worth speaking further with a personal injury attorney who might be willing to take it. Since most attorneys take these cases on contingency fees you usually lose nothing out of pocket if you retain one.
Answer Applies to: Pennsylvania
Replied: 11/7/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
Slip and fall cases are difficult. You must prove that the apt. management could have foreseen this event, that they owed a duty to you, and that you yourself were not negligent. However, with such serious injuries, you might find a lawyer to take it on. Ask for a free consultation.
Answer Applies to: California
Replied: 11/7/2013
Belushin Law Firm, P.C.
Belushin Law Firm, P.C. | Vel Belushin
It is hard to say if your injuries are enough for a case. You should see an attorney right away as there some time limits involved especially if you want to sue the municipality responsible for the sidewalk. The apartment complex may or may not have a duty to keep the lights on, consult a personal injury attorney.
Answer Applies to: New York
Replied: 11/5/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    I doubt it. You are responsible in this world to see what there is to be seen and be careful for yourself if there is some way in which the area is not constructed according to code or maintained, then maybe but you are always faced with the rule about seeing what there is to be seen. Get you a good lawyer.
    Answer Applies to: North Carolina
    Replied: 11/5/2013
    Robert C. Slim - Attorney at Law
    Robert C. Slim - Attorney at Law | Robert C. Slim
    Sounds like a case worth investigating. What you describe is a case of inadequate lighting. It is imperative that you get pictures of the area showing the lights not working and to get an idea of how dark it is. Take plenty of pictures. Then go back and take pictures of the area during the day so that we can clearly see the entire area and what caused you to fall. It is important that you do this ASAP before they fix the lights.
    Answer Applies to: Texas
    Replied: 11/5/2013
    Chen Kasher, Esq.
    Chen Kasher, Esq. | Chen Kasher
    Yes, you definitely have a case. These are called "premises liability" cases. To prevail you must show the complex had 1) notice of the issue with the sidewalk; and 2) it was not open and obvious. The first factor can be met depending on how big the sidewalk gap is; I would go back and take pictures. The second factor might work if the complex was somehow at fault for not keeping the lights on.
    Answer Applies to: Illinois
    Replied: 11/5/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    All property owners are responsible for keeping their property in reasonably safe condition. If the landlord knew or should have known of a hazard and failed to take steps to correct it, even though he had time to do so, then he can be held legally liable for injuries that could foreseeably result. In your situation, several questions arise: one would have to look at the spot where you fell to determine whether the aspect of the sidewalk being cut short constitutes a "hazard". There is the matter of the lights being off when they were normally on. Also, there is a question of your assumption of risk by walking in the dark without a flashlight.
    Answer Applies to: New York
    Replied: 11/5/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You should discuss this matter with an attorney to determine if there is liability. You must show that the landowner was negligence in order to bring a case. It is not enough that you were injured. What was the defect that caused you to be injured. I would take pictures of the area where you fell and contact an attorney to discuss matter.
    Answer Applies to: New York
    Replied: 11/5/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Difficult to tell, but the first question to ask is if the apartment building had a DUTY to light the sidewalk, and I suspect the answer in no. Confer with an attorney with specific facts and get a definitive answer.
    Answer Applies to: Michigan
    Replied: 11/5/2013
    Mishkind Law Firm, Co., L.P.A.
    Mishkind Law Firm, Co., L.P.A. | Howard Mishkind
    Unless you can prove that the condition that caused you to fall was not open and obvious, meaning that you could not appreciate it or if it can be shown that the lights in the area were in disrepair and caused you not to be able to see the area that you fell, it will be difficult to pursue a case of this nature. Falls on sidewalks are very difficult to prove negligence and not sure if the responsibility to maintain the sidewalk was the property owners or the city. If the city you will have a harder time pursuing a claim. The pictures of the area and the records as to whether this area had prior problems would be helpful. Sorry for your injury but you are going to have a hard time proving all of the elements to achieve compensation.
    Answer Applies to: Ohio
    Replied: 11/5/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    It is possible. You could have a case against the city or apartment complex. You should talk to an attorney.
    Answer Applies to: Alabama
    Replied: 11/5/2013
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    When you trip and fall because of somebody else's negligence, you do have the right to file suit. Trip and fall lawsuits are difficult to win, but it can be done if you get the proper evidence. The proper evidence starts with numerous good pictures of the condition that caused you to fall. Also, if there are witnesses, you should do your best to get all of their names, phone numbers, email addresses, and mailing addresses. It is very important to document the evidence that was there when your fall happened. Since memories fade, it is important to get statements from witnesses as soon as possible. This is not something you should try to go alone. You should immediately talk to an experienced personal injury lawyer about your possible case.
    Answer Applies to: Iowa
    Replied: 11/5/2013
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