Visitor Question

Slip and Fall in Front of a Store…

Submitted By: Lonnie (Iowa)

I was leaving a store and six feet away from the store I was tripped by something. I have a brain lesion, i have sprained my hands, got sidewalk burns on both hands and my left elbow, and I had to stay in the hospital overnight. I had two ct scans and it was determined by the doctor that all my injuries were related to my fall.

The owner of the mall contacted me after I contacted them. No one allowed for me to fill out a claim form. The owner went down and within 48 hours of the accident he had landscaping people come in and rip up the whole entire area.

I have photos of before the accident. The store at the mall has a video of the accident and told me they would give me a copy, now they are refusing.

The owner told me when I get the medical bills to send them to him. I can’t get a lawyer apparently because my head didn’t disconnect from my shoulders or my arm didn’t get amputated, since you can’t see a brain lesion everyone thinks I went through this pain free.

I was told by a lawyer to send the owner the bills and a request letter for a settlement. The owner after stating he would pay for the medical bills informed me yesterday not to contact him again and to send my medical bills to my insurance company.

The owner won’t talk to me, denied me the claim and I have evidence I am being refused. He stated he was aware of the sidewalk area and the store agreed that a “trash can” was to be placed in the hazard area at all times to assure people don’t fall and get hurt.

I can’t get anyone to help me and am left with the bills and pains from the injury and no rights. What can I do? Thanks.

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 Lonnie,

You have indicated that you tripped on “something” but you didn’t say what, so it’s unclear whether there is liability.

Furthermore, all the things the landlord did after the fact are called subsequent remedial measures and they are inadmissible to prove fault.

Things such as removing shrubs may show that the landlord thinks he is at fault, but may not be used against him because public policy supports remedying faulty conditions without having those acts used against the party.

If they continue to ignore you, one option may be to file a lawsuit which most people do not disregard.

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: October 20, 2010

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