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Do I have a claim? Slip and Fall

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BrokenKB

Junior Member
What is the name of your state? PA

I slipped and fell ..breaking my ankle on black ice that lurked under a coating of snow in a back parking lot of a closed Chiropractor's office. Ironic - I know anyway, I was at a local bar for about 2 hours - had 2 and half drinks, not much for me since I am tall and a bit over weight. So I was not intoxicated. On the way to the 7 Eleven which was on the other side of an intersection, I had two paths to choose from - 1) a visible icy sidewalk infront of the chiropractor's office- decently lit or 2) behind the chiropractor's office which seems to be lightly snow covered -also decently lit. I took the parking lot because it seemed the least risk. Arrived at the 7 eleven fine and on the way back I hit the icy spot and went down. After laying there for a few minutes, I call the cell of my boyfriend in the bar that I was returning to..no answer..grrr. then gathered myself up - in severe pain - hobbled back into the bar about 100 yards away. (Seemed like a mile) A friend who was leaving noticed my hobbling then helped me to the door to get my guy to leave. After several people asked me what happened we left - I was in pain - but too stubborn to go the ER right away. We went the next day - confirmed I broke it.

I spoke to a good friend of mine who does snow plowing in the area - he stated that local guys will not plow for him b/c he does not plow as often as he should nor does he allow for salt to be used. I don't have insurance since I recently became self employed. Four days later in a panic over how to pay the medical bills and lost wages, I called a few attorney's for advice and then I finally called the chiropractors office to report the accident. He called back and gave me the Insurance Claim # and the insurance person..who called almost immediately after the office did... asking questions and wanting to me to make an appointment to make a statement. Told the insurance person a bit of what happened - nothing that she would not find out later anyway and set the appointment. Later in the day - I finally spooken with one that instructed me to cancel the statement appointment and tell them that you are in the process of retaining an attorney. Did that...so here are my questions....

Here is the thing i think that the insurance company is going to try to discredit me b/c i was at a bar drinking prior to the fall. Right? Do you think they will claim that I was tresspassing b/c I took the path behind the Chiropractor's office instead of the visibly icy side walk in front of the office?

Do you folks think I stand a snow ball in hell chance at a claim? any thoughts ideas or suggestions are welcome...

I am just an average person - working hard at trying to make a living for myself. :confused:
 


BrokenKB

Junior Member
justalayman said:
So we start with the fact you were trespassing, correct?
Answer: Not sure where to start. I am not sure if it is technically trespassing. Meaning that the chircopractors office is in the middle of a 160 degree intersection. They do not have a fence between the office and the 7 eleven, if that make a bit of difference.

thepenster060 said:
what kind of shoes were you wearing?
Answer: I was wearing Columbia hiking shoes which have a rugged tred. It' not like I was walking around in high heels or dress shoes with a flat/smooth sole.
 

justalayman

Senior Member
BrokenKB said:
Answer: Not sure where to start. I am not sure if it is technically trespassing. Meaning that the chircopractors office is in the middle of a 160 degree intersection. They do not have a fence between the office and the 7 eleven, if that make a bit of difference.
QUOTE]

Well without a drawing or pictures it is hard for me to imagine the layout of the area. The part I key on is you state it is the chiro's parking lot.
If it is this defined that you claim it belongs to them, and you were there not for the purposes of visiting the chiro, you were probably trespassing.
 

BrokenKB

Junior Member
justalayman said:
BrokenKB said:
Answer: Not sure where to start. I am not sure if it is technically trespassing. Meaning that the chircopractors office is in the middle of a 160 degree intersection. They do not have a fence between the office and the 7 eleven, if that make a bit of difference.
QUOTE]

Well without a drawing or pictures it is hard for me to imagine the layout of the area. The part I key on is you state it is the chiro's parking lot.
If it is this defined that you claim it belongs to them, and you were there not for the purposes of visiting the chiro, you were probably trespassing.
It is a weird intersection anyway....So do you think that by tresspassing the Chiropractor does not have any liabilty here?
 

Litigation!

Senior Member
My response:

You said you spoke to some attorneys about this. Other than advising you to cancel the "statement," what else did they tell you about the viability of your claim?

You see, not once in your post did you mention anything about something being wrong with the premises. All because there's snow and ice, that doesn't make the premises into a dangerous condition. Snow and ice are expected this time of year and a property owner isn't expected to guard against such conditions on a 24 hour basis. Besides, the area where you fell doesn't sound like a "normal" walking area, anyway.

On top of all this, you're uninsured, have no income, and you were drunk. Don't tell me you weren't. That was the whole purpose of drinking - - to feel good, and to not be in the most steadfast of mind.

These are things (mostly the absence of a dangerous condition) that are going to weigh heavily against a claim like yours. It appears that you're merely looking for a "deep pocket" because you don't have money.

Based upon what you've written, I wouldn't touch your claim.

IAAL
 

Litigation!

Senior Member
My further response:

On top of that, you mention no witnesses. You could have broken your ankle anywhere; like at the bar. Could be that you're friends with the bar owner, etc.?

IAAL
 

BrokenKB

Junior Member
Litigation! said:
My response:

You said you spoke to some attorneys about this. Other than advising you to cancel the "statement," what else did they tell you about the viability of your claim?

You see, not once in your post did you mention anything about something being wrong with the premises. All because there's snow and ice, that doesn't make the premises into a dangerous condition. Snow and ice are expected this time of year and a property owner isn't expected to guard against such conditions on a 24 hour basis. Besides, the area where you fell doesn't sound like a "normal" walking area, anyway.

On top of all this, you're uninsured, have no income, and you were drunk. Don't tell me you weren't. That was the whole purpose of drinking - - to feel good, and to not be in the most steadfast of mind.

These are things (mostly the absence of a dangerous condition) that are going to weigh heavily against a claim like yours. It appears that you're merely looking for a "deep pocket" because you don't have money.

Based upon what you've written, I wouldn't touch your claim.

IAAL
I knew I could count on Litigation! to give the one sided view point. Assuming things ..hmm reminds me of an old saying..I think you know it! Oh well - there always has to be one in the bunch.
 

HomeGuru

Senior Member
BrokenKB said:
I knew I could count on Litigation! to give the one sided view point. Assuming things ..hmm reminds me of an old saying..I think you know it! Oh well - there always has to be one in the bunch.

**A: hahaha, it appears that your ankle is not the only thing broken. If you had even a clue as to legal theory and PI/premises liability clains, you would know that Litigation's so called "one-sided" viewpoint is sound and correct.
 

rmet4nzkx

Senior Member
Out on a date at a bar in hiking boots?
Why were you going to the 7-11, to get smokes?
Your boyfriend was too occupied in the BAR to be a gentleman and go buy the smokes for you and didn't miss you when you failed to return or answer his cel phone?
Then you don't go to the ER right away?
What will the witnesses in the 7-11 and the BAR say about the events about which they have knowledge?
Sounds like you fell down somewhere because you were drunk.
If you actually retained an attorney did they take it on contingency?
 
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