Tripped and fell on uneven carpet...

by Susan
(Hartselle, AL)

Coming out of buffet area in the casino, the flooring goes from tile to carpet to tile again. I stepped on the carpet area and tripped and fell down face foward. I ruffed up my right knee and tried to brace fall with my left hand. Now two weeks later, my knee and shoulder are still in pain. I also fell hard on my left rib area.

I did not go to the hospital at the time of injury. When I returned home I went to urgent care and got x-rays of my shoulder and knee. I received meds for inflamation and muscle strain. A week later I am still having trouble.

Would the casino be responsible for payment of my treatment and medicine?

Also, the man in charge of looking at video called and said I short stepped, causing my fall. I'm not sure what "short stepping" is. You could see a spot under the carpet that was not level and had carpet laid over it. I'd like to know if I have a reason to pursue this. I am still in pain and just wondering. What can I do? Thanks.

Visitor Question:
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ANSWER for "Tripped and fell on uneven carpet...":

Susan (Hartselle, AL):

We did some research and were unable to find a definition or explanation of "short stepping."

The casino might have been liable for your injuries, but at this point, with so much time having passed from the date of the injury, it will be almost impossible to convince the casino or it's insurance company to accept liability for your fall and resulting injuries.

Without a doubt, the casino and it's insurance company will contend your injuries, if any, occurred subsequent to your fall at the casino.

Learn more about liability in slip and fall claims here.

Of course, there is likely a video of you as you fell. That could be helpful in a personal injury claim against the casino. However, you can be sure the casino will not agree to give you a copy. To obtain a copy of the video will probably require a subpoena.

In a personal injury claim, an attorney would be able to have a subpoena duces tecum issued to the casino. This is a subpoena ordering the entity served to produce the original or copies of documents, photographs, videos, etc.

Unfortunately, because of the circumstances of your fall, and lapse of time, it will likely be very difficult to find a personal injury attorney to accept your case. Muscle strain is just not a serious enough injury to make it worthwhile for an attorney to accept the case.

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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