Do I have a case

[saralex]

What is the name of your state (only U.S. law)? Nebraska

a month ago, I stepped off the sidewalk and slipped, breaking my leg (fibula) right above the ankle. this happened at a local restaurant. the only time we saw any employees from the restaurant is when they came out to complete an accident report--didn't ask me how I was, if I needed an ambulance--only how the food was! i was with some family and they called my husband.
He came and got me and took me to ER, where we found out it was broken. four days later, i had surgery---had seven screws and a plate put in, and non-weightbearing for three months.

i am off work and this has caused a lot of issues for me and my family. is this restaurant liable for what happened? i have been trying to connect with their ins adjuster (who contacted me first) but we keep missing each other. i'm fine with talking with her--(she wants a recorded interview) but wondering if we have any kind of case and if contacting a lawyer is worth the time or money.

Thanks

 

[quincy]

What is the name of your state (only U.S. law)? Nebraska

a month ago, I stepped off the sidewalk and slipped, breaking my leg (fibula) right above the ankle. this happened at a local restaurant. the only time we saw any employees from the restaurant is when they came out to complete an accident report--didn't ask me how I was, if I needed an ambulance--only how the food was! i was with some family and they called my husband.
He came and got me and took me to ER, where we found out it was broken. four days later, i had surgery---had seven screws and a plate put in, and non-weightbearing for three months.

i am off work and this has caused a lot of issues for me and my family. is this restaurant liable for what happened? i have been trying to connect with their ins adjuster (who contacted me first) but we keep missing each other. i'm fine with talking with her--(she wants a recorded interview) but wondering if we have any kind of case and if contacting a lawyer is worth the time or money.

Thanks

Was the sidewalk a city sidewalk or on restaurant property?

Was there anything noticeably wrong with the sidewalk (e.g., missing concrete)?

What caused your slip and fall (e.g., high heels, carelessness, rain-slickness)?

 

[saralex]

I believe the sidewalk is the restaurants property. I didn't notice any cracks, etc. I can't say if I had something on shoe or slipped on something..rock, etc. It happened so fast that I just don't know.. I was in so much pain that I didn't think to look around...

 

[quincy]

I believe the sidewalk is the restaurants property. I didn't notice any cracks, etc. I can't say if I had something on shoe or slipped on something..rock, etc. It happened so fast that I just don't know.. I was in so much pain that I didn't think to look around...

Has the restaurant contacted you since the accident occurred?

I understand that when one has an injury accident, the last thing they are generally thinking about is the why and how of the accident. They do not think to ask questions or take photos.

When determining if the restaurant can be held liable for your medical bills, lost wages or pain and suffering, however, the whys and hows of the accident will be important. Nebraska is a "modified comparative negligence" state which essentially means that if you can be found to be more than 50% responsible for the accident (e.g., you simply weren't paying attention where you were walking and slipped off the curb), you will be unable to recover damages from any party found to be less than 50% responsible.

You might want to return to the restaurant (or have someone else return) to take photos of the exact area on the sidewalk where you fell. If the sidewalk is a normal sidewalk with a normal curb and there is nothing out of the ordinary to indicate the property owner has failed to properly maintain the property, you probably have no action to consider. If, on the other hand, the sidewalk area is damaged and there is nothing to warn pedestrians of the damage, it might be worthwhile for you to speak to an attorney in your area.

And, because the injury you suffered was not a minor one, you might wish to speak to an attorney in your area anyway.

I hope your leg heals rapidly and completely. Good luck.

 

[saralex]

I will say that my husband went back a couple of days later and took pictures of the sidewalk--I had to walk between a trash can and a small railing by the curb (assuming there so people don't walk out into traffic as is part of drive-thru), and there was something on sidewalk that looked like leaked out of trash bag. not sure if it was there when this happened though.
thanks for your help!

 

[quincy]

I will say that my husband went back a couple of days later and took pictures of the sidewalk--I had to walk between a trash can and a small railing by the curb (assuming there so people don't walk out into traffic as is part of drive-thru), and there was something on sidewalk that looked like leaked out of trash bag. not sure if it was there when this happened though.
thanks for your help!

Your husband was smart to take photos. You might consider showing the photos to an attorney in your area for a personal review. Nothing jumps out at me as indicating clear restaurant negligence but it is hard to tell on a forum.

Good luck, saralex.