Can I file a Claim?

[ddpa1976]

I live in California. I stepped off a curb about a month ago that was a foot high in a dimly lit area that resulted in a broken ankle and a sprained ankle. As a result, I have been off work for the entire time. I have an accident report that states how high the curb is and that it was dimly lit. However, I said, I fell on my rear end.

I realize if the curb had not been so high or had it been lit better then I might have been able to avoid this. My question is should I file a claim with the city?

[seniorjudge]

Q: I stepped off a curb about a month ago that was a foot high in a dimly lit area that resulted in a broken ankle and a sprained ankle. As a result, I have been off work for the entire time. I have an accident report that states how high the curb is and that it was dimly lit. However, I said, I fell on my rear end. I realize if the curb had not been so high or had it been lit better then I might have been able to avoid this. My question is should I file a claim with the city?

A: No. They didn't cause the accident. You did.

[ddpa1976]

even if i couldn't see because it was poorly lit by the city? And the curb was extremely high?

[seniorjudge]

Originally Posted by ddpa1976

even if i couldn't see because it was poorly lit by the city? And the curb was extremely high?

...even if...

[Antigone*of*Greece]

Originally Posted by seniorjudge

...even if...

SJ don't you think that the city is at least responsible to place a "Beware of Dangerous Curb" sign?

[seniorjudge]

Originally Posted by Wirelessany1

SJ don't you think that the city is at least responsible to place a "Beware of Dangerous Curb" sign?

All curbs are dangerous.

A few years ago, someone in Missouri fell off a cliff (he died) and there was a move afoot (thankfully squashed) to put guard fences on all cliffs in the state.

[ddpa1976]

I have to wonder because in the accident report, it states that they normally rely on the Christmas lights from the neighbors to light that area. And this was early December. There was no dangerous curb sign, it's poorly lit, in the accident report, the city does claim some sort of responsibility. Because, don't you think if had been lit a little better, I could have looked to see where I was going?

Just a thought.

[seniorjudge]

Obviously, you do not care what we think.

So go ahead and file the claim.

It should take you about $20K (if cheap) and two years (if quick).

[ddpa1976]

obviously you have a serious issue about it. you didn't even ask for more information, you just snapped to an answer. I'm trying to get a real feel for this because I have been out of work now for over a month with this. I can't go back to work until my ankle is completely healed, per my employer. So I'm going to check out all available resources. I don't deal well with people who make judgements right off the bat with little or no information. I expected to at least be asked, was there a sign, you know obvious questions.

JMHO, but you can't possibly make a judgment.

[Antigone*of*Greece]

Originally Posted by ddpa1976

obviously you have a serious issue about it. you didn't even ask for more information, you just snapped to an answer. I'm trying to get a real feel for this because I have been out of work now for over a month with this. I can't go back to work until my ankle is completely healed, per my employer. So I'm going to check out all available resources. I don't deal well with people who make judgements right off the bat with little or no information. I expected to at least be asked, was there a sign, you know obvious questions.

JMHO, but you can't possibly make a judgment.

1.2 million sounds like a good round number. Don't you think SJ???

[ecmst12]

More information is not needed to know that you fell because you were not watching where you were going - you failed to exercise due care. You have no one to blame for your injury but yourself. Bummer.

Dimly lit is not pitch black. You were aware that it was dimly lit and so should have taken EXTRA care to look for the curb. The city provides lights as a courtesy and precaution, not because they have a DUTY to provide any particular level of brightness. That is the other reason you have no case - without duty, there can be no liability.

[stealth2]

Originally Posted by ddpa1976

obviously you have a serious issue about it. you didn't even ask for more information, you just snapped to an answer. I'm trying to get a real feel for this because I have been out of work now for over a month with this. I can't go back to work until my ankle is completely healed, per my employer. So I'm going to check out all available resources. I don't deal well with people who make judgements right off the bat with little or no information. I expected to at least be asked, was there a sign, you know obvious questions.

JMHO, but you can't possibly make a judgment.

Considering that everyone responding does so as a volunteer, most presume that salient facts are included in the first post. So, if you thought it was important, you should have included it.

[Red Walker]

Originally Posted by ddpa1976

obviously you have a serious issue about it. you didn't even ask for more information, you just snapped to an answer. I'm trying to get a real feel for this because I have been out of work now for over a month with this. I can't go back to work until my ankle is completely healed, per my employer. So I'm going to check out all available resources. I don't deal well with people who make judgements right off the bat with little or no information. I expected to at least be asked, was there a sign, you know obvious questions.

JMHO, but you can't possibly make a judgment.

Apparently, the main criterion at this site for dispensing ''outstanding advice'' is to be an over-educated fledgling wanna-be comedian. If truth-in-advertising were the rule of the day, the site's tag line to the site's name of "FreeAdvice" would be "You Get What You Pay For" instead of "Outstanding Advice. Unbeatable Price."

[url]http://forum.freeadvice.com/other-personal-injury-wrongful-death-75/chemical-burns-hot-tub-447593.html[/url]

[RRevak]

Ok Red, first and foremost as was stated in your original post, members of this forum generally jump to being less than helpful when the OP asks questions that normal people would find rediculous. Second, OP in this particular instance is asking to potentially seek litigation for an accident that he himself was the cause of simply because he didnt choose to look more carefully where he was walking. He seems to believe that the city should require that every block be equiped with stadium spotlights and large signs pointing to the ground with words stating "Large sidewalk here!", and even if he doesnt thats still the message he's conveying. What he's failing to understand is that it isnt the city's fault that he chose to not watch where he was going. And his description of the monumentally high sidewalk partially being at fault is just absurd. Those who ask silly questions should not be surprised when they recieve silly answers. But if you dont like what I myself, or any of the other members here have to say then by all means, advise OP to find the nearest attorney and seek millions and millions in damages.

[Red Walker]

Originally Posted by RRevak

Ok Red, first and foremost as was stated in your original post, members of this forum generally jump to being less than helpful when the OP asks questions that normal people would find rediculous. Second, OP in this particular instance is asking to potentially seek litigation for an accident that he himself was the cause of simply because he didnt choose to look more carefully where he was walking. He seems to believe that the city should require that every block be equiped with stadium spotlights and large signs pointing to the ground with words stating "Large sidewalk here!", and even if he doesnt thats still the message he's conveying. What he's failing to understand is that it isnt the city's fault that he chose to not watch where he was going. And his description of the monumentally high sidewalk partially being at fault is just absurd. Those who ask silly questions should not be surprised when they recieve silly answers. But if you dont like what I myself, or any of the other members here have to say then by all means, advise OP to find the nearest attorney and seek millions and millions in damages.

Hi

I disagree.

First and foremost, this person has been injured and came to this site seeking advice from professionals (key word here; 'professionals'). They did not come here seeking ridicule. Is it any wonder that attorneys seem to be the butt of so many jokes with behavior as displayed here? I am a state certified real estate appraiser and I can tell you that I get asked many questions that seem ridiculous but never do I ridicule those seeking my advice.

I'm relatively certain they are a ''normal'' person, however I understand they do not have the education or experience that I have in this particular field. They do not deal with the subject matter 40 hours a week (at a minimum).

On the face of it, it appears she is asking IF she should file a claim with the city. It appeared to her that the city had at least some level of culpabilty. Just as in the workplace there are standards to ensure occupational safety and if those standards are not met and an accident occurs, is it not possible or reasonable to think the employer may be liable?

If the city is responsible for constructing and maintaining this particular curb and if said curb does not meet industry-related safety standards (such as height and/or width), is it not reasonable to at least ASK if the city (or their sub-contractors) is partially responsible for any accidents that may occur involving the sub-standard curb?

More importantly, this site is seemingly dedicated to dispensing outstanding advice. Is it reasonable to expect that someone who is not educated in these matters, who visits this site in good faith seeking professional advice, to be subjected to asinine ridicule by the very ones whom if they had answered with any level of respect, would probably receive high praise and gratitude?

Taking in consideration that this is FREE advice, I assume that would be payment indeed.

Just a thought.