Fall down stairs

[kng73]

What is the name of your state? North Carolina

On Dec. 12, 2003 went to a area restaurant to celebrate a birthday. The restaurant is owned by friends we know. They leased the building they operated their restaurant. Upon leaving the restaurant I fell down a set of concrete stairs which are on the restaurant property. When I fell, I literally flew and landed my entire weight on my left knee. The owners heard the commotion and immediately came to my aid. All I could do was hold my knee and cry out. One of the waitresses asked if I needed anything and at the time since I felt so faint & confused and thought I would pass out from the pain I just asked for a glass of water. I sat there on the ground for a long while holding my leg and trying to get my composure. After a while I did get up slowly and my friend went to get the car so I wouldn't have to walk. My friend that was with me asked me if she could take me to the hospital and I said no and that I would be allright.

The next morning both knees were so badly bruised, swollen and I was hurting so bad ( I did take pictures of my knees) that I had a terrible time trying to walk. I finally decided to have my friend take me to the Urgent Care Center in our small town to see if anything was broken. They did take x-rays at the hospital and per the x-rays nothing they could see was broken. All the medical expenses were paid by me. Since the restaurant owners were friends we knew and I did think that the fall was due to the type shoes I was wearing that caused my fall, I did not at the time want to make an issue with the restaurant owners. Later in the week, the friend who owned the restaurant called to check to see how I was doing.

Well, it's been now 2 1/2 years since the fall. The knot in my knee has never gone away. I can no longer kneel on the knee due to this accident as it still is tender and hurts if I put pressure on it. When the weather changes to a humid state, the knees aches terribly and I am no longer able to stand long periods of time without it hurting all the time. I really thought after this length of time that my knee would have healed itself but apparently not. Because I do not have any personal medical insurance I am forced to endure the daily physical pain. Unfortunately, I can not afford to pay for another medical evaluation let alone surgery if that would be recommended.

Come to find out recently, now the friend that owned that restaurant ...sold his business to someone else. He owned the business but he leased the building from someone who owns the structure.

Can anyone tell me after this long a period of time if there is anything I can do now that I should have done 2 1/2 years ago when I had my fall. I never imagined that after this length of time I would still paying for that fall with pain and suffering and the inability to do things since I can not longer kneel or get down on my left leg? It seems to be getting worse rather than better and it affects me at my work since I must stand and climb stairs often. Do I have any recourse with my friends restaurant insurance company if he is no longer in the restaurant business? Also would this incident be beyond the statue of limitations since it occurred 2 1/2 years ago?

Your advice would be greatly appreciated.
Thanks,
Karin / kng73

[BelizeBreeze]

The staute of limitations for personal injury in North Carolina is three years. However, you have no proof of any injury or that the restaurant or building owner was liable.

In other words, you have nothing for which to recover.

[kng73]

Yes, I have proof, the medical bills from the visit to doctor on Dec. 13 (the next day after it happened) at the Urgent Care Center, x-rays, etc - all this is recored at the Urgent Care Center and I told them exactly what happened the night before. Also the owner has knowledge of my fall, he was there right after it happened. My friend was witness to my fall, she saw me fall down the stairs!

[kng73]

Originally Posted by BelizeBreeze

The staute of limitations for personal injury in North Carolina is three years. However, you have no proof of any injury or that the restaurant or building owner was liable.

In other words, you have nothing for which to recover.

Attention Belize Breeze,
What other proof of injury is needed after pictures were taken of my injury which still have in my possession, copies of medical bills, witnesses. I just didn't realize at the time of the fall that the use of my knee would be in the condition it today after 2 1/2 years later ALL DUE TO THAT FALL!!!! All that I can recall that evening is that the stairway I fell down was not well lit at all!

[BelizeBreeze]

Originally Posted by kng73

Yes, I have proof, the medical bills from the visit to doctor on Dec. 13 (the next day after it happened) at the Urgent Care Center, x-rays, etc - all this is recored at the Urgent Care Center

Yes, you had an injury.

and I told them exactly what happened the night before.

And that proves only that you told them what YOU said happened, not that anything did happen.

Also the owner has knowledge of my fall, he was there right after it happened.

So he has only knowledge that you fell, NOT who or what caused your fall.

My friend was witness to my fall, she saw me fall down the stairs!

And your 'friend' is a doctor or accident investigator or other professional who can determine to the satisfaction of the court who or what was at fault for your fall and has that documentation?

[BelizeBreeze]

Originally Posted by kng73

Attention Belize Breeze,
What other proof of injury is needed after pictures were taken of my injury which still have in my possession, copies of medical bills, witnesses. I just didn't realize at the time of the fall that the use of my knee would be in the condition it today after 2 1/2 years later ALL DUE TO THAT FALL!!!! All that I can recall that evening is that the stairway I fell down was not well lit at all!

Stop the shouting or what little response you have gotten will dry up real fast.

[justalayman]

All that I can recall that evening is that the stairway I fell down was not well lit at all

If that is all you have, how are you going to prove this was the reason, prove that this was actuall the case, and prove that it wasn't simply you tripping on your own feet.

[kng73]

I am not wanting to sue anybody. Since the restaurant owner probably had liability insurance (as I have with my B&B business if a guest were to fall on our property) all am seeking is to find out, with the proof I do have that this did happen with my friend being a direct witness of the event, if restaurant owner's property insurance would pay for repairing the injury to my knee after 2 1/2 years since it has not gotten better but is worsening. Even if it was me and the type shoes I was wearing that evening that may have caused me to falll, I am justing seeking the get my knee back to normal ....not to sue the friend for any amount of money!!!!

[BelizeBreeze]

Originally Posted by kng73

I am not wanting to sue anybody. Since the restaurant owner probably had liability insurance (as I have with my B&B business if a guest were to fall on our property) all am seeking is to find out, with the proof I do have that this did happen with my friend being a direct witness of the event, if restaurant owner's property insurance would pay for repairing the injury to my knee after 2 1/2 years since it has not gotten better but is worsening. Even if it was me and the type shoes I was wearing that evening that may have caused me to falll, I am justing seeking the get my knee back to normal ....not to sue the friend for any amount of money!!!!

Those are not questions anyone here can answer. Only their insurance company can answer that.

But, based on the information you posted here, it is unlikely you will sustain any claim.

Yes, you sustained a fall. Yes, you sustained injuries. THe fact that you come 2.5 years after the fact does not lend itself to a valid claim. That, added to the fact that you have no proof that the building owner or restaurant owner was negligent means the insurance company will (I can almost guarantee) deny your claim.

You waited too long, did not preserve any evidence of liability nor did you do anything proactive to preserve evidence of the event.

[teflon_jones]

Your post stinks a lot of somebody who was heavily under the influence of alcohol...

So you got drunk and fell down some stairs and now you want to sue somebody over it?

[kng73]

Originally Posted by teflon_jones

Your post stinks a lot of somebody who was heavily under the influence of alcohol...

So you got drunk and fell down some stairs and now you want to sue somebody over it?

I was just seeking advise (this is my first time to sign up) and I get an ************** like you to respond with a ridculous comment. First of all I don't drink, secondly, the county I live in is a dry county, thirdly, you are not giving advise you stating untruths. Were you there when this happened??? No. So don't assume anything of the sort ....why answer with these falsehoods? You have nothing else to do but make comments like this when someone honestly comes to this site seeking advise. You are the one that stinks of comments!!!!

[loveumms]

Why after all this time are you trying to seek money - I understand that you feel that you should have been "healed" by now but, you still have not given us any proof that your friend (the owner) was at fault in any means. You said the lighting was poor however, you will not be able to really prove this unless you have pictures. I'm sure your friend that was with you that night will say it was not well light however, I'm sure the owner will attest differently and unless you can find other people who were at the scene that night good luck proving it. Considering it has been two years even if you did find someone else who was there, the chances that they remember is very small - and the court will likely have a hard time anyone truly remembered the lighting.

It sounds like you are looking for someone to pay for your mistake - would you be trying to sue this person if you had insurance and were able to "pay" for your care?

[rmet4nzkx]

Originally Posted by kng73

What is the name of your state? North Carolina

On Dec. 12, 2003 went to a area restaurant to celebrate a birthday. ... Since the restaurant owners were friends we knew and I did think that the fall was due to the type shoes I was wearing that caused my fall, I did not at the time want to make an issue with the restaurant owners. ... Come to find out recently, now the friend that owned that restaurant ...sold his business to someone else. He owned the business but he leased the building from someone who owns the structure.

Can anyone tell me after this long a period of time if there is anything I can do now that I should have done 2 1/2 years ago when I had my fall. ...Do I have any recourse with my friends restaurant insurance company if he is no longer in the restaurant business? .....

All that I can recall that evening is that the stairway I fell down was not well lit at all!

Since the restaurant owner probably had liability insurance (as I have with my B&B business if a guest were to fall on our property)

You recalled more than the stairs were not well lighted and allowing 2.5 years to lapse does not allow for any investigation. The reason you didn't make a claim against your friend's insurance company was because you believed the fall was due to your shoes, not the condition of the stairs. You admit that you would or should have known that the resturaunt would have liability insurance, because you had insurance. You communicated with the owner after you received what you considered adequate medical asscessment and treatment at the urgent care clinic and still did not attempt to make a claim and or your friend offer to pay your medical bills or a portion of them. Injuries to the knee can take years to heal and may never heal, somehting you would have learned if you sought more medical care. All your evidence means nothing unless there is a claim made in a timely manner.

You only want to sue now because your friend sold their resturaunt so a claim would not affect their premiums. Go ahead and make a claim with their insurance company and answer their questions.