QUESTION
What can I do if I fell down the steps of the local post office?
Asked on Jan 31st, 2014 on Personal Injury - New York
More details to this question:
They were covered in snow with no sign of anything being put on them. I was taken by ambulance to the ER and after 4 hours there I was told I have a fractured bone in my left ankle area and a fracture in my right scapula this is making mobility a real issue not to mention the pain I am in. I need to know if I should allow the medical bills to be billed through my health insurance or what to do here. I am to see an orthopedist this week because the fracture is in an area where sometimes surgery might be necessary. I might have to miss a lot of work due to this. Any suggestions on the how’s and what’s I should be doing would be appreciated. Thanks.
8 ANSWERS
Ronald A. Steinberg
Not in Michigan.
Answered on Feb 12th, 2014 at 2:35 PM
Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use reasonable care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim comparative fault, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on fault.
Answered on Feb 05th, 2014 at 8:31 PM
James Eugene Hasser
First, you're going to have to prove the post office did something wrong and that you weren't at fault or didn't assume any risk. Assuming liability is accepted (which is a big assumption), then let your medical insurance carrier pay for your treatment. They will want their money back out of any settlement you get, though.
Answered on Feb 05th, 2014 at 8:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You should have the matter looked into but, from your recitation, it is doubtful that you have a cause of action in Michigan due to the open and obvious doctrine.
Answered on Feb 05th, 2014 at 8:29 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Well you sue the owner of the building. Hopefully, it will not be the Post Office. Of course, there is an issue of whether the person maintaining the steps had an opportunity to remove the snow. If the snow occurred the day before, you might have a shot. You need to talk with a local personal injury attorney. The fact the federal government may be involved does complicate matters some.
Answered on Feb 05th, 2014 at 8:20 PM
Thomas Edward Gates
You need to retain a personal injury attorney to handle your matter. Because you will have a claim, you can have the hospital set-up a third-party claim so that you do not need to use your own insurance. They will place a medical lien on any settlement that you receive. You may get a push back concerning the steps, if the weather outside made it impractical to keep the steps cleared. You should have been aware of the conditions and used special care when going down the steps.
Answered on Feb 05th, 2014 at 8:19 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Have your own carrier pay what it will. this will not interfere with your claim if you have a valid one.The postal service certainly has a claims office. call them and ask about the claims process. See a PI lawyer if you don't get satisfaction.
Answered on Feb 05th, 2014 at 8:17 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
"Allow" the medical bills to be billed through health insurance? That's what health insurance is for! Be grateful you have it, many of us do not.
Answered on Feb 03rd, 2014 at 2:31 PM