Visitor Question

Broken Leg Fall by Office Dumpster

Submitted By: Sam

While dumping trash in office dumpster, I took a step backward, and the heel of my shoe entered into a hole in the blacktop. The depression caused me to fall backward on my left leg causing a break of my left femur.

The landlord’s blacktop was full of holes from a truck entering to dump the dumpster. As of the current date the holes have not been repaired, six months later.

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 Sam,

You could possibly have a case.

You would have to argue that you weren’t aware of the holes.

If you were aware, and decided to go there anyway, then you took the risk and your case wouldn’t be worth much.

It may be difficult to find an attorney who will take this, but it’s worth a shot because of the severity of your injury.

It’s very difficult to put a value on any injury because of many factors such as:

(1) the liability scenario – as noted, if you knew the holes were there, and took the risk, the value is substantially less than if you were a pedestrian just walking by who had never been to the area;

(2) the extent of your treatment/rehab – were you in a cast for six weeks and that’s it, or did you have to undergo months of therapy, was any surgery involved, etc.;

(3) did you have significant lost wages;

(4) who is the insurance company – some are more liberal with settlement offers than others;

(5) what venue would this case be brought in – different venues mean different jury pools which means different values based upon how conservative/liberal a jury pool is viewed. Injury values can double from 1 county to another.

This is just an example of information needed before a value can be put on this matter. The fact that the concrete hasn’t been repaired has no bearing on the case.

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: December 11, 2009

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