Need Advice

[Shelbync]

I was injured walking at a outside shopping mall. the sidewalk dipped down for wheelchair access and i fell and sprained my ankle. the ins for the center says it was open and obvious and wont pay. it was not marked on the side walk and no postings in the area there was painting on the drive way but not on the side walk. is there any way i can get them to pay my time out of work at least? I live in North Carolina They said they will pay medical bills but i have health ins for that i need lost of wages.Thank you for your help.

 

[I AM ALWAYS LIABLE]

I was injured walking at a outside shopping mall. the sidewalk dipped down for wheelchair access and i fell and sprained my ankle. the ins for the center says it was open and obvious and wont pay. it was not marked on the side walk and no postings in the area there was painting on the drive way but not on the side walk. is there any way i can get them to pay my time out of work at least? I live in North Carolina They said they will pay medical bills but i have health ins for that i need lost of wages.Thank you for your help.

My response:

Highly unlikely. Handicap access ramps in a sidewalk are, in fact, open and obvious. You're lucky they made an offer to pay your medicals. Most don't even get that much.

All because someone falls on property, doesn't mean the property owner is at fault, negligent or responsible. Property owners are not insurers of one's safety; i.e., there must be a "defect" in the property, and the owner must be on "notice" of such defect, either implied or actual.

IAAL