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Trip and Fall at Apt. complex

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Inspector2014

Junior Member
What is the name of your state (only U.S. law)? Texas. I tripped and fell over a "wheel stop" and landed on my left shoulder, requiring surgery. I retained an Atty. and sued my Apt. complex for not placing them in proper alignment to parking space. It is under a carport and dark--no lighting. Lease has a "cannot sue" clause. Atty. says that may be a problem. I say Apts. were negligent, because after two other people tripped, they moved them a bit. I think I should still be able to sue for restitution and pain and suffering. Any thoughts?
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? Texas. I tripped and fell over a "wheel stop" and landed on my left shoulder, requiring surgery. I retained an Atty. and sued my Apt. complex for not placing them in proper alignment to parking space. It is under a carport and dark--no lighting. Lease has a "cannot sue" clause. Atty. says that may be a problem. I say Apts. were negligent, because after two other people tripped, they moved them a bit. I think I should still be able to sue for restitution and pain and suffering. Any thoughts?
"Any thoughts?"
Yes. Use a flashlight when in the carport. :)

Glad you are okay now...
:cool:
Blue
 

Dave1952

Senior Member
If you've got an attorney already why are you here? If you do think that a second opinion is worth having you'll need to tell us a detailed account. Not just of the fall but of other events that were probably gone over with your attorney. It might be wise to inform your attorney that you are posting on a public forum.
So your attorney believes that you have signed a contract. Perhaps you are a resident with a lease, yes? How long have you lived there? Are the wheel stops usually aligned? Why were you taken by surprise by this particular wheel stop?
 

tranquility

Senior Member
I think you have a complex set of facts. One problem is that things the defendant does after the injury cannot usually be used against them. Public policy and all that.

Listen to your attorney. Clauses as the one being discussed are not that worthwhile in CA, but CA is not TX. Even without that issue, the problem of responsibility of wheelstop placement in relation to tripping is going to be difficult at best. Lots of facts. Lots of problems.
 

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