Fell

I don't know what catergory to post this in. I go to college in Indiana and the day before classes started I had to move into my new dorm. When I arrived, the beds were already bunked and my new roommate was there. I informed her I didn't want to sleep on the top bunk because there was no ladder and no rails. We measured the room and there was physically NO room to unbunk the beds without one of the beds blocking a door. I agreed to sleep on the top for a week until we could figure something out. 2 nights later, I fell from the bunk trying to get down without a ladder and severely hurt my foot. I needed surgery and had to withdraw from school. My parents and I are worried that insurance won't cover me because I am no longer enrolled in school so we were wondering if we have a case to sue for damages. thank you

rjohnso1 said:

I don't know what catergory to post this in. I go to college in Indiana and the day before classes started I had to move into my new dorm. When I arrived, the beds were already bunked and my new roommate was there. I informed her I didn't want to sleep on the top bunk because there was no ladder and no rails. We measured the room and there was physically NO room to unbunk the beds without one of the beds blocking a door. I agreed to sleep on the top for a week until we could figure something out. 2 nights later, I fell from the bunk trying to get down without a ladder and severely hurt my foot. I needed surgery and had to withdraw from school. My parents and I are worried that insurance won't cover me because I am no longer enrolled in school so we were wondering if we have a case to sue for damages. thank you

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My response:

The problem with this incident is that you had choices. One choice would have been that you could have slept on the floor, or another would have been to complain to the school about the accomodations, and placing them on Notice of the dangerous condition of their property.

But, instead of doing that which would have kept you from danger, you "assumed the risk" - knowing that it was the top bunk, and knowing there were no safety rails; i.e., no ladder, and / or that you could fall and injure yourself.

I don't believe you have a claim.

IAAL

[Edited by I AM ALWAYS LIABLE on 02-25-2001 at 02:50 PM]