Visitor Question

Tripped and fell on cement tire stop…

Submitted By: Pam (Plano, Texas)

I stepped off a curb at a restaurant around 9:00 at night.

I was walking into the parking lot and fell over a tire stop that I never saw.

I broke my arm in the fall.

The restaurant says they will not cover it (my medical bills) because they have not had a problem with it before. They just said, “we’re so sorry.”

Do I have at least a case to help with medical bills? I’m not looking for more than that. Or are they correct that since they haven’t had a problem before I don’t have a case? What can I do? Thank you.

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 Pam,

You are in a precarious position. The restaurant has a legal duty to maintain their property, including the parking area, so that it is safe for its patrons and others who may legally enter upon the property. This duty would include proper lighting, and a parking lot without potholes and free from debris.

With that said, patrons of restaurants know, or should know, many parking lots have tire stops. As a result, the legal duty of the restaurant may be entirely met, and responsibility would then shift to the patron. Moreover, consumption of alcohol by a patron makes her even more responsible for her own injuries.

The facts, as you present them, do not support a finding of negligence or liability on the part of the restaurant.

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: March 12, 2015

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