Pregnant Slip And Fall (because of seeds from apartment complex tree)

[texasgirl1206]

TEXAS.

I am 30 weeks pregnant. I was walking towards our car from my apartment and there are some trees that throw huge seed (I believe they are walnuts) and since is fall there are too many on path. I slipped and fell on my hands and knees thankfully I didn't hit my belly, but I couldn't feel the baby move for a long time and so I went to the Hospital. They did some tests and told me the baby was ok but that I should keep monitoring the movements for 48 hours (those are critical hours).
My hands, arms, neck and legs hurt and I have been really nervous and afllicted all this time. My husband was with me and told the personnel from the apartment complex and they even saw me on the floor, but they haven't done anything. My husband asked them to clean the area a bit often during this season, but we are still waiting for them to do anything. I am scared of walking to our car, because I feel I may fall again.

 

[sandyclaus]

TEXAS.

I am 30 weeks pregnant. I was walking towards our car from my apartment and there are some trees that throw huge seed (I believe they are walnuts) and since is fall there are too many on path. I slipped and fell on my hands and knees thankfully I didn't hit my belly, but I couldn't feel the baby move for a long time and so I went to the Hospital. They did some tests and told me the baby was ok but that I should keep monitoring the movements for 48 hours (those are critical hours).
My hands, arms, neck and legs hurt and I have been really nervous and afllicted all this time. My husband was with me and told the personnel from the apartment complex and they even saw me on the floor, but they haven't done anything. My husband asked them to clean the area a bit often during this season, but we are still waiting for them to do anything. I am scared of walking to our car, because I feel I may fall again.

Seriously? What would you have the apartment management do?

In your words, these are "HUGE" seeds. Even being 30 weeks pregnant, I figure you could see where you are walking to avoid them, or kick them out of your way. Perhaps your own condition is making you a little unbalanced (pregnancy has a way of doing that sometimes).

Either way, knowing that the "HUGE" seeds are there, because they are big enough not to miss, you need to be walking a bit more carefully and watching where you are going. Just because something is on the ground does not automatically make it a hazard. Most people would see them and avoid them altogether.

 

[TheGeekess]

TEXAS.

I am 30 weeks pregnant. I was walking towards our car from my apartment and there are some trees that throw huge seed (I believe they are walnuts) and since is fall there are too many on path. I slipped and fell on my hands and knees thankfully I didn't hit my belly, but I couldn't feel the baby move for a long time and so I went to the Hospital. They did some tests and told me the baby was ok but that I should keep monitoring the movements for 48 hours (those are critical hours).
My hands, arms, neck and legs hurt and I have been really nervous and afllicted all this time. My husband was with me and told the personnel from the apartment complex and they even saw me on the floor, but they haven't done anything. My husband asked them to clean the area a bit often during this season, but we are still waiting for them to do anything. I am scared of walking to our car, because I feel I may fall again.

Why can't your husband take a broom/rake and sweep them out of the way?

 

[texasgirl1206]

The only thing I am asking is for them to clean the area twice a week instead of once a week (during fall season).

For the person that answered first I wish she/he could show me any scientific facts on how pregnant women are "unbalanced" because I can then show you how people have won lawsuits against cities for not cleaning BIRD DROPPINGS! (And that is a little bit too much to understand even for me).
Good management doesn't mean having all your tenant's money on time. There is also a human issue. People should take care of their well beings, but also for the well being of others.

The other person that answered: I clean the front of my door and a bit further but I cannot go and clean all the path to the parking. That is I believe common areas so maintenance is in charge of that (is written on the contract).

Anyways thanks for your 2 points of view.

 

[antrc170]

As far as being successful in a suit to force the removal of the tree's or recoup any medical expenses I think you'll be fighting an uphill battle.

First, is it a reasonable assumption that a tree that produces large seeds will deposit the seeds via nature onto a pathway used for common traffic?

--Yes. So the complex begins to assume some liability for having a potentially dangerous situation. A tree shedding acorns, walnuts, crab apples, etc do so in bulk.

Second, is the amount of product (the seeds) sufficient to cause injury when the path is used in the normal manner (walking)?

--Yes. If you can show that you slipped due to the seeds then this is met and the complex assumes a bit more liability. However, even a single seed would technically meet this problem which is why the third question is necessary.

Third, is it a reasonable assumption that the average amount of product covering the walkway would tend to cause injury to a person using the walkway in a normal course at a rate that is negligent?

--This is the hardest to answer and your pregnancy works against you becuase being pregnant is not a normal state for a person (not that being pregnant is wrong, just that most people are not pregnant at any given time). Due to your condition which you voluntarily entered (I'm assuming) you have the onus of elevating your awareness. To fully answer this question you also must take into account other issues: Did you ever fall while not pregnant? How many other people have fallen? Is there an alternate path? How many times have you used the path and not fallen? Was the tree there when you moved in?

It basically comes down to this: The complex has a situation where there is a potential for liability with the tree if it tends to cause injury, much like the complex has a reasonable duty to clear ice from common walkways. However, due to the rarity of the event and possible other considerations I'm not convinced that the potential liability has been elevated to actual liability.

I suggest you continue to complain to the management about the situation. If more falls occur out of the normal use, then it might elevate a claim.

 

[swalsh411]

Why can't your husband take a broom/rake and sweep them out of the way?

Seriously. How long does it take to sweep a sidewalk with a push boom.

 

[Isis1]

Why can't your husband take a broom/rake and sweep them out of the way?

that was the FIRST thing that popped into my head. my husband would have done that first thing BEFORE complaining. and kept on doing it. for his child's safety. or at least took me by the hand and walked me around it.

and pregnant woman ARE unbalanced. have you noticed how your stomache protrudes in your front? and the loosening of joints? i've done this four times. i KNOW!. unless you are that awful type of woman that still fits into her size zero pants all through her pregnancy, you shouldn't even be able to see your feet.

 

[xylene]

The baby is fine and you have no lasting injury.

Your baby is well protected within your body and all you can do is be more careful.

You are right to expect them to clean the complex properly. Move away from this substandard dump when your lease is up.

 

[!CuriousGeorge!]

Send the owner a demand letter. Inform them of your injury & costs associated with it. They may reply & you may be able to work something out.

Otherwise you have three choices: 1) do nothing or continue on as you were with the actions that resulted in your falling or 2) take them to court or 3) take new steps yourself to insure that a second fall will not occur due to the same issue

I think you may have a claim to recover medical expenses; I don't see any punitive damages.

 

[Jendor]

If you're so unbalanced and afraid to go to the car, and if staying home and inside is not an option, then perhaps you should ask the doctor to prescribe you a walker to use.

If there are so many walnut seed things that you cannot kick them out of the way or walk a little slower, and if your husband is unable or unwilling to sweep the path, then how about you(or husband, neighbor, friend, etc) take pictures of the walkway you feel is so negligently unmaintained, submit a copy of pictures to apartment management, and a letter explaining your fall, your concerns, and what you think would be a reasonable solution.

Unless management is crawling up the tree and purposely throwing the seeds in the path where you walk or doing something grossly negligent, I guess you don't have any legal case, but take this and other common sense advice from other posters above from this thread, and be careful. Good luck on your pregnancy.

 

[csi7]

I will add this, a picture to the management and also to the home corporate office may be needed to get the area cleaned more frequently.
I was visiting a major rental area and took pictures of an elderly resident attempting to push his walker through the "cleaned" area.
The problem was resolved.

 

[startedone]

I will add this, a picture to the management and also to the home corporate office may be needed to get the area cleaned more frequently.
I was visiting a major rental area and took pictures of an elderly resident attempting to push his walker through the "cleaned" area.
The problem was resolved.

I would change the slope of the plane of the walking surface to 60° to allow those seeds to roll off w/o any need for human sweeping or intervention - gravity & nature would auto-clean the surface.