Fell in a restaurant.

What is the name of your state? NJ. I was on Vacation in Virginia and I tripped down a platform in a restaurant. I fell and fractured my foot. Two other people in my party also fell down the same step after I had told them what I did. The step is so small that unless you are watching your feet you don't see it. After the fall I have had constant pain that has radiated to my whole body. It has now been a year since the accident. I have been diagnosed with fibromyalsia. In my research I have found out that fibromyalgia can be brought on by a trauma to the body. Is this something that could be argued in a court of law. Thanks for any input.

"Two other people in my party also fell down the same step after I had told them what I did."

Why would they do that?

It was where the souvenirs were for the restauraunt. After I fell, I went back to the table because I could barely walk. There were 14 of us on vacation together. When two others went to look at the souvenires, on their way back, both at separate times tripped on the same step. That is how slight the step was. That is the first time I ever broke a bone or fell like that anywhere. I had no health problems whatsoever at the time. I am in my 30's.

jstir said:

It was where the souvenirs were for the restauraunt. After I fell, I went back to the table because I could barely walk. There were 14 of us on vacation together. When two others went to look at the souvenires, on their way back, both at separate times tripped on the same step. That is how slight the step was. That is the first time I ever broke a bone or fell like that anywhere. I had no health problems whatsoever at the time. I am in my 30's.

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**A: ok, you have a million $ claim.

jstir said:

I have been diagnosed with fibromyalsia. In my research I have found out that fibromyalgia can be brought on by a trauma to the body.

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Just curious, what type of doctor diagnosed this condition?

A rheumatologist diagnosed the condition after a couple of months of tests.

jstir said:

What is the name of your state? NJ. I was on Vacation in Virginia and I tripped down a platform in a restaurant. I fell and fractured my foot. Two other people in my party also fell down the same step after I had told them what I did. The step is so small that unless you are watching your feet you don't see it. After the fall I have had constant pain that has radiated to my whole body. It has now been a year since the accident. I have been diagnosed with fibromyalsia. In my research I have found out that fibromyalgia can be brought on by a trauma to the body. Is this something that could be argued in a court of law. Thanks for any input.

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In some states it depends on whether the small step is an "open and obvious defect", and if it wasn't, whether there were warnings, i.e. signs posted in the area. It's hard to say whether it was an "open and obvious defect" without seeing a photograph or visiting the scene of the incident, though your post appears to suggest the "defect" was not open and obvious. If the "defect" was open and obvious, you may be considered to have assumed the risk even if you did not actually see the step. Under the law you have to exercise reasonable care in preventing injury to yourself. A potential downside is that if you wish to pursue an action against the restaurant, you may have to file it in Virginia since the incident occurred in Virginia, in which case it's usually better to hire an attorney in Virginia. If you file a lawsuit in your hometown of New Jersey, the restaurant might challenge jurisdiction over itself, depending on New Jersey law. You should consult a local plaintiff's attorney specializing in slip and falls or premises liability. If you pursue a lawsuit, your attorney can arrange to have you examined by a doctor, and/or have a doctor testify if necessary as to your medical condition.