QUESTION
Can I sue the gas station if I was injured in their premises?
Asked on Oct 05th, 2012 on Personal Injury - Michigan
More details to this question:
I was riding my bike to the gas station and there was a hole that was uncovered and my front tire hit it and I fell over my hip and knee and elbow are pretty hurt and all they did was act like nothing happened at the gas station.
16 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes.
Answered on May 21st, 2013 at 3:07 AM
Personal Injury Attorney serving Gainesville, FL
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Lawrence J. Marraffino, PA
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You can sue, but if you want to win they have to be negligent. That is, they have to have done something that was not reasonable to cause you an injury.
Answered on Oct 09th, 2012 at 10:28 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Yes, you may bring a lawsuit against the gas station if the hole was on its premises. The question of how successfully you will be against them is another entirely different issue.
Answered on Oct 09th, 2012 at 9:28 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds like a case of liability but they may claim that the hole was open and obvious and you were careless to ride into it. if you have serious injuries see a goioid personal injury lawyer in your county.
Answered on Oct 09th, 2012 at 8:15 AM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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If the hole was on the gas station's premises, you can sue the landowner on a premises liability theory. You need to consult with an attorney on this. You should also take photos of the hole (if it is still there) and preserve your bicycle in it post accident condition.
Answered on Oct 09th, 2012 at 7:39 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If the hole was open and obvious, and not hidden or latent, then the chances of you making a successful recovery are small. A "hole that was uncovered" sounds to me like it was pretty open & obvious.
Answered on Oct 09th, 2012 at 7:33 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If the hole is obvious and you rode into it, then the comparative negligence law goes into play. Not enough of a dollar dispute to take to court.
Answered on Oct 08th, 2012 at 11:04 PM
Yes. A business owner is responsible for the injuries caused patrons under the following circumstances: 1. If a dangerous condition was created by someone other than the owner or his/her employees but that condition had been there for a long enough time that the business owner or his/her employees should have seen it and did nothing: This would apply of the gas station had hired someone who uncovered the hole and forgot to cover it back up. The gas station has a duty to inspect it's property and correct the problem. 2. If the owner or his employees create the dangerous condition. So if the owner or one of his employees uncovered the hole then they would be liable regardless of how long the hole remained uncovered.
Answered on Oct 08th, 2012 at 11:04 PM
You may have a potential claim, but many more questions must be answered before truly assessing the situation. If you haven't done so already, take a picture of the hole you fell in. It is your burden to prove the hazardous condition, so you will need that. Then contact an experienced personal injury attorney to discuss the matter further.
Answered on Oct 08th, 2012 at 11:00 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you. Thank you for your email, and we look forward to hearing from you.
Answered on Oct 08th, 2012 at 10:57 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Yes, as the owner or occupier of the premises, the gas station has an obligation to maintain their premises in such a way as to not subject the public to an unreasonable risk of harm. Having an uncovered hole on their property is such a condition.
Answered on Oct 08th, 2012 at 10:55 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can. However, liability is not a certainty in this case. You must show that it was negligent not to cover the hole.
Answered on Oct 08th, 2012 at 10:51 PM
Hire a lawyer that handles personal injury so he/she can evaluate the facts. Your description is too general for me to know the advice you need. I will also suggest you take photographs of the hole. Use a tape measure and photograph the measurements, length, width and the depth. Do the same with the bicycle and the bicycle tire.
Answered on Oct 08th, 2012 at 10:48 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In order to make a claim against a property owner (including stores, parking lots, apartments, etc) the injured party has to show that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action. So, you would have to prove that the owner of the gas station knew of the hole, had time to repair it, and did not do so. I have had cases similar to yours, with success, but don't get the idea you can handle this on your own. Most personal injury lawyers will give you a free consultation, so find someone in your area who is willing to take the case.
Answered on Oct 08th, 2012 at 10:47 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Yes you can sue if they created the hazard by failing to cover the hole or failing to place a warning sign. You can recover your medical expenses, loss of earnings, if any, plus pain, suffering and emotional distress damages. Presumably they have insurance which should have a med-pay provision. That coverage would pay for your medical bills up to a specified amount regardless of fault for the accident. You should retain an attorney if you were seriously hurt. If not, make a written claim to the gas station to have their insurance carrier contact you.
Answered on Oct 08th, 2012 at 10:11 PM
Ronald A. Steinberg
It depends on whether or not the hole was "open and obvious." In other words, if the hole was "readily visible to a person of average intelligence through casual inspection," then you will lose because the court would say that you could have avoided the accident by merely paying attention.
Answered on Oct 08th, 2012 at 10:01 PM