Visitor Question

Broke foot after falling on 1/4 inch difference in concrete ramp…

Submitted By: Anonymous (IL)

After walking out of an elevator, I turned to head into a parking garage. There was a wheelchair ramp with about a 1/4 inch difference where the ramp and concrete parking lot come together. My foot hit it vertically (parallel with the slant) and twisted, breaking my foot.

The area was marked but so was the parking lot where the handicapped car would park. Coming out from the elevator and into the garage, it looked like an optical illusion where it made it look flat. The ramp at its highest point was 1/2 inch.

My husband immediately took me to get ice at the store. First thing the next morning, I went to the doctor, got x-rays, and have now gone to an orthopedic doctor. I have taken pictures, and it is amazing the optical illusion, showing that it looks totally flat.

I feel like the ramp should have been sloped on the sides and not descending to 1/4 inch difference in the concrete, between the ramp and parking lot. Is the parking lot owner responsible? I’ve asked for video. Any information you can give would be appreciated.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

In your description, you don’t state you have hard evidence proving the injuries which might be compensable in a personal injury claim. Without proof of injuries, even if you were able to prove the ramp area was unsafe, you really have no legitimate personal injury claim.

While you appear to be continuing therapy, you should know without a real injury which was directly and proximately caused by the ramp, you have no basis for a viable personal injury claim. As result, you may be wasting a great deal of money for which you will not be reimbursed. You must have a doctor’s diagnosis along with medical tests verifying your injury.

Hopefully your own insurance is covering the bills. If not, you may have a very difficult time seeking and receiving compensation from the owner or manager of the garage.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 23, 2015

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