Visitor Question

Slip and Fall Incident Reporting…

Submitted By: Maureen (Weymouth, MA)

I exited a store and stepped off the curb in the parking lot into a pothole-like surface. I fell forward and hit my head on pavement.

I received 6 stitches above my eye, sprained my wrist and got multiple scrapes on my hands and knee. The store manager said that the building owner was supposed to fix the potholes weeks ago. Others have hurt themselves in the same way I did.

Is there anyone I can report this to? Is there anything I can do about this?

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 Maureen,

Your desire to be selfless so that others may not fall is commendable. More often than not people are more concerned about what they can get rather than what they can do, especially if what they do may help others avoid injury.

You should go back to the store and ask the manager for the name of the company which leases space to storeowners. Inasmuch as you fell outside the store it probably has neither liability nor legal duty to fill potholes. Depending on your time you can go online to check your county’s local tax assessor’s rolls for the name of the owner of the property.

At a minimum you should draft a letter to the management leasing company and copy the owner. When contacting them address the pothole issue, first, and just as importantly address your injuries.

Your injuries were serious and could have been much worse. In some cases pursuing your own case might be appropriate, but because there always exists the possibility of scarring, retaining a reputable and qualified Personal Injury Attorney would certainly be in your best interest. If you were to represent yourself it is highly improbable the owners and management might fill in the potholes, pay your medical bills and give you a $20.00 gift certificate for the store.

Sarcasm aside, you should be compensated for a great deal more than your medical bills. Your Pain and Suffering then, now, and into the future should be compensable. Although we certainly hope your face will not be scarred, if there is any possibility it might the possibility of plastic surgery should be considered.

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: May 25, 2011

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