Is it possible that I have a personal injury case if I suffered a fall that was caused by bad lighting? 11 Answers as of September 03, 2015

Is it possible that I have a case for a personal injury suit? I fell down a group of stairs while at a football game and had to go to the ER. The doctor said I had multiple contusions on my knees, ribs and side as well as a severe ankle sprain. I would just like compensation for my medical bills.

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim comparative fault, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on the question of fault.
Answer Applies to: California
Replied: 9/3/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
It's possible you might have a case if the lighting did not meet code. However, if all you are looking for is to have your medical bills paid, you may be able to get that done if the stadium has premises liability insurance with a med pay provision. Ask. Good luck.
Answer Applies to: Alabama
Replied: 9/3/2015
Candiano Law Office
Candiano Law Office | Charles J. Candiano
It is possible but "contusion" is fancy for bruise. Bruises and sprains heal without any permanent deficit so there is no necessary medical care and no permanent injury. The claim is probably not viable - it would cost more than it's worth.
Answer Applies to: Illinois
Replied: 9/3/2015
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Currently, the Michigan court decisions on slip-and-fall law are all over the board. However, the general rule is against claimants: If the hazard was open and obvious, then you can't sue. One exception to the general rule is where an otherwise open and obvious hazard is was rendered not so in the particular circumstance. In your case, bad lighting allegedly hid the hazard. You could attempt to come under this exception. On the other hand, you didn't mention any particular defect in the stairs, such as a big crack or chip that made you trip. There still has to be a defect, unless the lighting was so bad such as a light being burned out that you couldn't see where you were going. In that case, failure to maintain the lighting system would be the claim (perhaps enhanced with other claims, such as failure to have stair edges painted yellow). As you can see, detailed facts are very important to determining whether a claim could be brought. This sort of detail is best discussed over the phone. This leads to questions, and more facts, etc.
Answer Applies to: Michigan
Replied: 9/3/2015
Law Offices of George H. Shers | George H. Shers
You might have a case but would have to give all the details to a local personal injury attorney to see if there is a dangerous condition. ?If the stadium is owned by a public entity you have to file a claim with them within 6 months.
Answer Applies to: California
Replied: 9/3/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    Depends on what "bad"'lighting means. If the lighting was unreasonably low and dangerous to patrons then you have a case. It is important for an expert to look at it right away.
    Answer Applies to: California
    Replied: 9/3/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    It is possible. Was your negligence greater than that of the Owner?
    Answer Applies to: Wisconsin
    Replied: 9/3/2015
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    Often times premises owners have liability insurance that includes a "med pay" rider or coverage, wherein uninsured/unreimbursed medical bills can be paid up to the limits of that coverage (which is usually only a few thousand dollars). Such coverage applies without regard to proving fault or negligence, which tends to be hard to do in MI due to the "open & obvious" doctrine that bars claims for "hazards" that should have been seen, and thus avoided, "upon casual observation". There are exceptions to the doctrine, so you would need to consult local counsel with your specific facts to determine the efficacy of any case. Although, situations in which your injuries are not severe (ie: fractures, disability from work, long term treatment, etc.) typically are not able to be brought as the cost of bringing same may exceed what can be recovered in settlement and/or verdict. Again, a consult with a local lawyer who typically handles these cases is your best bet to get all your questions answered. Good luck.
    Answer Applies to: Michigan
    Replied: 9/3/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Under Michigan law, the questions would be whether you knew or expected a problem, and whether there was a safe alternative route.
    Answer Applies to: Michigan
    Replied: 9/3/2015
    Stephens Gourley & Bywater | David A. Stephens
    It is possible.
    Answer Applies to: Nevada
    Replied: 9/3/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    If the lighting was bad enough - yes.
    Answer Applies to: New York
    Replied: 9/3/2015
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