Assuming this fall occurred in Nebraska, one or more people/ entities may be responsible for your medical bills and other damages. This is a general overview and the responses may be different depending on the specific facts and circumstances, which are not contained in your question. Part of the answer as to who might be responsible depends on who owns the parking lot. That person/ entity may be responsible for the poor lighting conditions and/or permitting a railroad tie to be in the parking lot. If the parking lot was being leased, the owner and the entity renting might both be responsible. In addition, the person/ entity who put the railroad tie in the parking lot may be responsible. Generally, to prove fault for a fall on property you must prove: 1.That the defendant either put the railroad tie in the parking lot, knew of the railroad tie, or, by the exercise of reasonable care, would have discovered the railroad tie; 2.That the defendant should have realized that the railroad tie involved an unreasonable risk of harm to people in the parking lot; 3.That the defendant should have expected that people in the parking lot either: would not discover or realize the danger; or would file to protect themselves against the danger posed by the railroad tie; 4.That the defendant failed to use reasonable care to people walking in the parking lot against the railroad tie There is a lot of other information necessary to determine who might be fault, including, but not limited to: how long had the railroad tie been in the parking; was the owner of the parking lot aware of the railroad tie was in the parking lot; how large the railroad tie was. In addition, you would have to examine your own actions in determining whether you were 50% or more at fault. In Nebraska, to recover you must be less than 50% at fault for your fall. How much, if any, you drank would play a factor as would much attention you were paying as you were walking. The bar/ owner might have Medical Payments Coverage, which would pay, up to their limit, for your medical bills regardless of fault. However, there is no requirement that they carry this insurance. This answer is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.
Answered on Dec 12th, 2011 at 8:25 PM