• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

While walking fell in HOLE!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A

Asthmaman

Guest
While walking fell in HOLE! with PICS!!!!!!

What is the name of your state? FLORIDA

While my wife and I were walking in the courtyard I stepped in a hole about 20 inches deep and 15 inches in diameter I fell in up to my knee and felt something very painfull in my back twist. I contacted a lawyer and he said that if I amstill feeling pain after a few days in my back we will have a case. He said who ever pulled what ever was there (out) will be responsible. Anybody have any other similiar cases. My back is killing me because I fell in a huge hole on the apartment complex premises......

Pics are here----> http://home.tampabay.rr.com/thickey/images

Thanks
John
 
Last edited:


G

gooberitiz

Guest
did you take pictures of it? was it at night? was something blocking your view?

Was it say in a field of grass hidden?

Or were you just romantically kissing the wifey and oops
 
A

Asthmaman

Guest
Was in broad daylight, completely hidden, grass covering, pics are here ----- http://home.tampabay.rr.com/thickey/images
 
Last edited:

I AM ALWAYS LIABLE

Senior Member
My response:

I looked at some of your pictures, and if you had come into my office, I would have turned you away. All because someone hurts themselves on someone's property, doesn't automatically make the property owner liable.

First, they look "naturally occurring"; e.g., gofer or snake hole.

Second, unless a property owner caused the hole, e.g., digging fence post holes, a property owner is not an insurer of your safety due to causes beyond the owner's control; i.e., if the hole is naturally occurring, an owner is not required to stall or change nature to accommodate humans.

Third, and most important, since the hole is hidden, you'd have to prove that the owner had previous "notice" of the dangerous condition of his land. If you can't prove "notice", then your case is worthless.

Fourth, if the land you were on is used for recreational purposes, then there are laws to protect landowners from liability when land has been set aside for other's recreational usage.

From the looks of your own pictures, I think you're out of luck.

IAAL
 
G

gooberitiz

Guest
Third, and most important, since the hole is hidden, you'd have to prove that the owner had
previous "notice" of the dangerous condition of his land. If you can't prove "notice", then your
case is worthless.
------------------------------------

In other words if someone else has fallen into the hole recently then the landlord should have either filled it in or put some sort of marker there to warn people.

Now if it was in YOUR apartments courtyard and the maintenence crew cuts the grass, they should hve noticed this or maybe their lawmower fell into the hole too.
 
A

Asthmaman

Guest
SHOULD I FILE A CLAIM WITH THE APARTMENT?

The hole is in the courtyard and the lawn maintenance mows over it every week... So isnt someone is liable. Should I tell the office or not? Its not a natural hole either...
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top