Broke hip and leg in fall down stairs...

by Cindy
(South Carolina)

I went to a restaurant that was upstairs. When leaving, I walked down the narrow staircase and went to reach for a handrail. Either I missed it or it wasn't there, and fell down the stairs. I broke my hip and leg in the fall. I spent a week in the hospital recovering from a partial hip replacement and surgery on the broken leg.

I am uninsured so I tried to get some assistance in paying the huge amount of medical expenses. I have been turned down on every attempt. I did not want to sue but I think I may have to. I do not want to be solicited by a hoard of attorneys. I don't know what to do next. What can I do to get compensation? Thank you.

Visitor Question:
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ANSWER for "Broke hip and leg in fall down stairs...":

Cindy (South Carolina):

There are several considerations. The first is whether or not you had consumed any alcohol within a reasonable amount of time prior to your injury. If so, any claim you might have against the restaurant owner would be compromised by what is referred to as contributory or comparative negligence.

The second consideration is whether or not there was a handrail on the stairs. If so, and you didn't hold on to it, then your claim would again be seriously compromised and the owner wouldn't have been negligent.

Before proceeding, go back to the restaurant and see if there was a stair banister in place. If so, your claim may be completely compromised, leaving you with no grounds for compensation.

However, whether or not negligence existed, the restaurant may be insured for such events. If so, it may not be necessary for you to prove negligence, and even if you were contributorily negligent, you would still have a viable injury claim. Since your injuries were very serious, it would be best for you to speak with an attorney.

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

Best of luck,

Judge Calisi

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