What is the name of your state (only U.S. law)? Oklahoma
I was walking down this sidewalk, at 8am, kinda dark and cloudy out, as it had been raining off and on. At the end of the walkway was a box of clothing that I was there to pick up, was told to come and get it. I had never been here before. I know NOW I can clearly see the water main there, there was leaves, and debris, and sticks in it, that kinda made it appear to be even with the cement. but honestly when I walked down to the end there I just saw the box, and didn't pay attention to the water main there. I picked up the box, and started back towards my van. When I got to the water main, I inadvertently stepped in it, twisting my leg, and trying to compensate for the fall, and the box in my arms, I broke my ankle in 3 places, I heard it snap. NO one was around, I yelled for help for 10 minutes. I had to get on my right side and drag my self to my van, inch by inch. I finally made it to my van, and with my right foot (thank goodness it wasn't a stick shift, lol) started to drive myself to the hospital. All the while in great pain, and my other ankle was also injured and it was swelling up as I was driving. Halfway to the hospital I saw an ambulance, and flagged them down and they took me the rest of the way there. They took x-rays, and it was broken in 3 spots. I had to have a steel plate put in and about 9 screws.My question is this, even though I walked past the water main, not paying it much attention, do I have any case here, seeing as others think it might have been obvious? (to me it wasn't) We see things like this every day, they are all over the place, water mains, crooked sidewalks, stairs, benches...and even though we kinda see them or know they are there, do not associate them with imminent danger. Anyway, I just want to know if it is worth my time to look into this, or should I just chalk it up, and take the rest of my life to pay off the medical bills for this?
The house was actually a duplex, so I don't think the lady that invited me over to get the box of clothing owns this place, there was about 20 duplex all in a row side by side all looking the same.
Thinking about it now, the people that live there and the meter reader that came every month to read the meter, would have to know that this was in ill repair.
sidewalk and water main:
http://i262.photobucket.com/albums/i...s/100_1007.jpg
left ankle that had surgery:
http://i262.photobucket.com/albums/i...s/100_1020.jpg
right ankle that is all swollen:
http://i262.photobucket.com/albums/i...s/100_1034.jpg
09-20-2009, 05:30 AM
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