I was walking in the parking lot heading towards my Sociology class and tripped on an open hole in the parking lot. The trip caused me to fall on the ground landing on my left knee and my left hand catching the rest of the fall. At that time I sustained a sprained knee, and a torn ACL which has made me have to have surgery on April, 27th, 2011.
When the fall happened someone helped me up off of the ground, and I immediately went to the college police department to make a report, the officer took a picture of the hole and my statement. He offered to call an ambulance, I denied at first because the pain had not set in due to the initial shock.
As we continued to discuss the fall I noticed that my hand was hurting and red, my leg started to throb. I advised the officer to call the ambulance just so they can look me over. At that time he called them, and they came and did an overview. I told them that I will be heading to the hospital immediately once we completed the report.
I went to the hospital, they did an X-ray, a physical examination of my leg and concluded at that time there was a sprained knee, and that I needed to see an Orthopedic doctor within 3 days. I went to the Orthopedic as advised and he also recommended that I have an MRI, which once completed showed various damages to the ligaments.
Because of this accident I’ve had to withdraw from college, lost my job and have 24 hour care for my children (during the first 3 to 4 weeks of my fall) to assist me. So I am very curious to know if I have a case or have the possibility of winning my case.
Also after the fall my spouse and I went to the campus to obtain more photos from the campus parking lot. At that time there were 20 major dangers located in the west part of the parking lot in different areas. In the handicap parking lot there were cracks, holes, broken pavement, and uneven concrete, that is sure to make a handicap person fall out of a wheelchair, or trip when attempting to get up the broken pavement on a surface that should be flat.
In closing I feel that I do have a case but I have been advised that my case will be hard to prove, even after hard evidence of the dangers in their parking lot and my life stopping because they failed to take care of their property. Please help me and give me direction in what I should 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.
We must respectfully disagree with those who suggested your case would be hard to prove. In law, as a student you are considered an “invitee” or a “guest” of the school. The school is imputed with an awareness there are students on their campus and that students walk to class, to bookstores, cafeterias, parking lots and more. The school’s campus includes the parking lots.
When the school accepts your money in return they must provide an education and a safe place for you to be able to matriculate. You have paid not only for an education, but for all those items which are traditionally and commonly associated with attending college on a campus.
The school also has a duty to make the campus safe for its students; safe from criminal activity, from improperly prepared food, and from holes in the ground which are inherently unsafe.
There is little excuse for open and dangerous “holes” on the campus. We suggest you compile all medical bills, including any costs incurred when the ambulance came to the campus (even though you weren’t transported to the hospital), and if you were working part-time, any lost wages, and any other out of pocket expenses such as bandages, knee braces, and the like.
Under some circumstances, we might suggest you pursue this matter on your own. Because of the severity of you injuries, and what appears to be clear liability, we do suggest you contact a qualified and reputable Personal Injury Attorney.
Learn more here: Injuries in Parking Lots or Garages
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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