QUESTION

How do I know if I have a claim?

Asked on Jul 13th, 2014 on Personal Injury - North Carolina
More details to this question:
I was at a place of business playing a game of laser tag, when I tripped going up a ramp and fell. I was taken to the hospital by ambulance. X-rays were taken and I shattered the tibias plateau, split the joint from the knee to the shin, and tore my ACL. Surgery was done a week after my injury. So putting me out for a total of 7 weeks this far. And the surgeon tells me that with the metal in my leg now I may have arthritis in my leg within the next few years. I have to go through physical therapy to be able to walk again. I have been super depressed and down on myself because of the injury.
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1 ANSWER

Social Security Attorney serving Raleigh, NC at Lanier Law Group, P.A.
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Your potential claim would be called a premises liability claim against the business where you were playing laser tag. By the mere fact that you hurt yourself at a business does not give you a valid claim by itself. Although if the business has "medpay" in its insurance policy, you would be entitled to some money for medical bills just based on getting hurt on the premises. Instead, you would have to show both that the business was at fault and that you were not in any way contributorily negligent in causing your own injury. Was the ramp defective or in some way hidden from view causing the fall? That is the kind of fact you would need to show the business was negligent and therefore legally liable. Even with that, many businesses that provide entertainment activities such as these make you sign a waiver of liability that are generally enforceable and insulate them from being liable for injuries on their premises. If you did not sign a waiver and the business can be shown to be at fault, and you were not in any way at fault yourself, then you might have a valid claim. It sounds like your injuries were significant. I hope you make a good recovery. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.
Answered on Jul 18th, 2014 at 6:46 AM

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