QUESTION

Can I sue a business if I was walking by and their window fell on me?

Asked on Apr 08th, 2013 on Personal Injury - Michigan
More details to this question:
My boyfriend was walking by a business and one of the business windows fell on him. Is it worth getting a lawyer and suing?
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19 ANSWERS

Ronald A. Steinberg
Yes.
Answered on Apr 11th, 2013 at 1:18 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Lets start with damages. Was anyone hurt or are you looking for a quick buck because you saw some mistake on somebody's part?
Answered on Apr 09th, 2013 at 8:39 PM

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Car/Auto Accident Attorney serving Hacienda Heights, CA at Gary Lee Platt
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The answer to the first question is yes, you can sue a business if part of the building (like a window) where the business is located falls on you and causes injuries and other damages. The answer to the second question, is it worth it to sue, depends on the nature and extent of the injuries and damages. If your boyfriend was only slightly injured and received little or no medical treatment and was fortunate enough to fully recover from whatever injury he suffered, the case isn't worth much; he can file an action in small claims court and sue in his own name without an attorney if he wants to do so. If he was seriously injured, required a lot of medical care and treatment, lost time from work, etc., then an attorney is definitely the way to go.
Answered on Apr 09th, 2013 at 8:16 PM

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Christian Joseph Menard
Whether to get a lawyer or not depends on the nature and extent of your friend's injuries. If they are significant, it would be worthwhile. If they are minor then take the case to small claims court where the maximum amount you can sue for is $10,000.00.
Answered on Apr 09th, 2013 at 8:13 PM

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Whether or not you file suit is a question of the damages incurred and to be incurred. If he had a minor scratch, you probably won't find a lawyer interested in handling the case on a contingent fee basis. If he was seriously injured, that is an entirely different matter, and a different answer.
Answered on Apr 09th, 2013 at 7:57 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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If depends on his injuries....if he wasn't injured or cut up, then why bother?
Answered on Apr 09th, 2013 at 7:54 PM

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I think your boyfriend can probably win that lawsuit. The question of whether you can find a lawyer to take it on contingency hinges on your boyfriend's injuries. If he didn't have to go to the doctor or hospital, there are likely not enough damages for it to be worth an attorneys time. You could still try filing a claim in small claims court against the business.
Answered on Apr 09th, 2013 at 7:44 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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What kind of injuries did he suffer? If none, then no, it probably isn't worth it.
Answered on Apr 09th, 2013 at 7:36 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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As long as you can prove the business, or some contractor, did something wrong to cause the window to fall onto your boyfriend, then yes you can make a claim/sue. The window falling had to be foreseeable to the business owner or due to some negligence on it's part.
Answered on Apr 09th, 2013 at 7:36 PM

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It depends on many facts that are missing from your question. Was he hurt? Medical bills? Most of these companies don't write checks because someone asks, and a good attorney will not take the case unless there are damages.
Answered on Apr 09th, 2013 at 12:45 AM

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Thomas Edward Gates
If you had no or limited injuries, there is no basis to sue. If you have medical bills you can take them to small claims.
Answered on Apr 09th, 2013 at 12:17 AM

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That depends on is damages. If they are significant, you would have reason to file a case.
Answered on Apr 09th, 2013 at 12:14 AM

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James Eugene Hasser
Why did it fall and how bad hurt is he? He needs to know who is at fault and he needs to ask himself if he is hurt bad enough to warrant bringing a claim.
Answered on Apr 08th, 2013 at 10:00 PM

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Yes you can sue, but whether you should depends on the damages. How bad was he hurt will determine if the case is economically feasible. One should never sue for personal injury when the damages are slight.
Answered on Apr 08th, 2013 at 9:56 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You can't sue, but your boyfriend can if he was injured. You will know he found the right lawyer if the lawyer starts talking about a barrel that fell out of a warehouse.
Answered on Apr 08th, 2013 at 9:55 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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The business would be liable for any damages suffered. Whether it is worth suing depends on how seriously he was injured. See some information om damages below. I am often asked by individuals who have been injured in an accident to give an opinion as to what would be a fair settlement in their case. Often, they give me a brief description of their injury, such as, I suffered two broken ribs, or I am now suffering back pain , or I hurt my leg and had to have surgery and give no further details. I cannot possibly give an opinion as to the value of their case without more information. I find myself repeating over and over some of the information set out below. The information below is an attempt to shed some light on what an accident injury victim should consider in determining a fair settlement. However, presenting damages to an insurance adjuster, and ultimately to a jury, is an advanced and complicated task. It not adequate to simply say I'm hurt , describe your injury, and then hold out your hand and ask for money. I have practiced law since 1985, and still attend seminars and read books on the subject of presenting personal injury damage claims to juries. The information below will not be enough to make you a personal injury attorney, but hopefully will enlighten you regarding some factors that should be considered on evaluating your claim. Maximum Medical Improvment First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention. Basically, a condition is at maximum medical improvement if it is not believed that the condition will change or progress. In laymen's terms, this is often referred to a being released by the doctor. This term is most often used in the context of a worker's compensation claim. An inquired employee usually receives temporary benefits until reaching maximum medical improvement. However, it also has significance in general personal injury cases. Insurers for at fault drivers, manufacturers of unsafe products, owners and operators of unsafe premises, and doctors guilty of malpractice do not normally make incremental payments as medical bills and lost wages are incurred. Rather, these insurers normally settle claims with one payments, which represents the final settlement. For this reason, the accident victim must have evidence of all past and future damages to present to the adjuster. This means it is premature to begin evaluating your claim before you reach MMI because you do not yet know how much your medical bills will be, nor do you know how severe the injury will ultimately be - which is the main factor in damages for pain and suffering until after you have reached MMI. After you have reached MMI, four basic factors that should be considered in evaluating your case are 1) special damages, also known as tangible damages, 2) severity of the injury, 3) duration of the injury, and 4) insurance coverage. Special Damages Special damages which are also sometimes called tangible damages include the cost of medical treatment (medical bills) and lost wages. Special damages are somewhat objective and easily ascertainable. You simply add up your medical bills and determine what wages you would have earned had you not been out of work due to your injury. The insurance adjuster or opposing attorney may quibble over some of your numbers, claiming that you have been overcharged by your doctor, or that some medical procedures that you are including in damages were not caused by the accident. The adjuster or opposing attorney may argue that you missed more work than was required based on your injury. Nonetheless, both sides can at least agree that you were actually billed x number of dollars by medical provides, and that you would have earned x dollars had you been at work. A persona
Answered on Apr 08th, 2013 at 9:47 PM

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Was he injured? Did his injuries require medical treatment? Did he have ongoing pain for a period, or perhaps still has pain. Did he notify anyone or did he dust himself off and just go home? To seek compensation there has to be some form of damages endured. Not saying none exist, only that you have not indicated that any exist. A detailed consultation with an attorney that includes addressing these matters would be beneficial, even if the answer is no, it is not worth pursuing. At least you will know and not be guessing.
Answered on Apr 08th, 2013 at 9:46 PM

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Personal Injury -- Plaintiff Attorney serving Cleveland, OH at Mishkind Law Firm, Co., L.P.A.
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It depends on the injuries he suffered. If the injury required medical treatment and he has suffered injuries to his body I would suggest calling an attorney in your area.
Answered on Apr 08th, 2013 at 9:44 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It all depends upon his damages and the cause of the window falling and him.
Answered on Apr 08th, 2013 at 9:40 PM

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