I had a slip, trip and fall accident at a gas station. I tripped on a stud sticking out from the cement divider where the business normally had a garbage can over the stud. The stud was used to hold the garbage can down from blowing away on windy days.
I have gone to that station for over 10 years with no problem. A new manager had apparently had the garbage can moved. A witness indicated that my head bounced like a basketball on the cement pavement when I fell.
This occurred in Minnesota. What is the statute of limitations to pursue this type of claim for injuries? Please advise on what steps I should take. Thanks.
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ANSWER for "Slip, Trip and Fall Accident at a Gas Station...":
Normally the statute of limitations for a cause of action for negligence is 6 years, however when the injury is the result of an unsafe condition of real estate (premises liability), the statute of limitations is 2 years from the date of injury.
Though this may seem like a long time, these statutes of limitation can sneak up on you and if you miss the date, this will bar recovery on your claim completely.
You may also want to file an incident report, get treatment and ask the gas station owner for all of his insurance information, as well as determine whether you have any witnesses who would be willing to assist.
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.
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