Visitor Question

Claim for slip and fall on cracked pavement at a gas station?

Submitted By: Anonymous (Holley, New York)

I had just gone inside to prepay for my gas. While walking to my car I had to walk around another car and tripped on cracked pavement, falling on my knee. After a few minutes of getting up it started hurting worse and started swelling. I went inside and filled out an incident report. There was no manager on duty, just 2 young guys. (I asked for a copy but was refused one).

My husband took pictures of the crack. From there I went to the ER and they did x-rays. My knee wasn’t broken but I needed crutches. I followed up the next day with my doctor. My knee was badly bruised, with possible soft tissue damage. I need to use crutches for at least a week and I was pulled from work for a week.

It has only been 4 days since the incident but I haven’t heard from anybody at the business. I’m not sure what the next step would be. Can I get some reimbursement for lost wages, as well as medical payments? How would I go about this? Thank you for any information you can give.

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 Anonymous,

Presuming the crack was on the gas station property, you should be entitled to compensation for your “Damages.” These can include your medical bills and out-of-pocket costs (for such items as medications, crutches, the costs of travel to treatment, etc.). You would also be entitled to compensation for your lost wages during the time you’re receiving medical treatment and recovering, and an additional amount for your pain and suffering,

If the gas station is part of a chain, go online and find the corporate office. Call and explain what happened. You will likely be referred to the insurance office, customer service, or the legal department. Explain what occurred and request to be compensated for the amount of your damages.

If the gas station is privately owned, go back to the gas station and request the name and contact information for the owner. Quite often the name and contact information of a gas station owner is set out on a decal at the entrance to the business at the bottom right or left side of the main door.

In the event you are unsuccessful in your pursuit of compensation, consider filing a small claims lawsuit against the owner of the gas station. In the State of New York, Small Claims Courts have jurisdiction to hear cases up to $3,000 in Town or Village Courts, and $5,000 in City Courts.

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: November 1, 2017

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