Do i have a case?

B

bigJ

New Member
Jurisdiction
Michigan
Michigan
Last year I slipped on black ice in the parking lot of a stand alone business.
I dislocated my knee, had to be taken to ER by ambulance, tore some ligaments, required surgery, about 5 months total recovery, 2 months off work, 3 months of light duty but only part time, 8 weeks of physical therapy. Needless to say, the pain was severe, the recovery from surgery was awful(bedrest for 4 weeks, forbidden to bend the knee, bathroom privileges only).
Do I have a case, and about how much might I get?
Even though the business was aware of what happened, they didn't salt their parking lot; my girlfriend went to pick my car up a couple hours later and she also slipped on black ice, which was all over the parking lot. This was witnessed by her uncle, fortunately she was uninjured.
 
What did the personal injury attorney(ies) that you contacted have to say?
 
You should contact some local personal injury attorneys who can review your case. There might be something there, but it requires a personal review.
 
bigJ said:
Don't have one, just curious as to the potential
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Depends on a lot of details not yet revealed.

Date, location, store hours, night time temperature, morning temperature, what time of day did you fall, did it rain or snow during the night or early morning? You allege that the "business new about it." Who, specifically, are you talking about? How do you know that person knew about it? When did that person know about it?

There's a lot more to proving a negligence claim but feel free to start with those questions.
 
adjusterjack said:
Depends on a lot of details not yet revealed.

Date, location, store hours, night time temperature, morning temperature, what time of day did you fall, did it rain or snow during the night or early morning? You allege that the "business new about it." Who, specifically, are you talking about? How do you know that person knew about it? When did that person know about it?

There's a lot more to proving a negligence claim but feel free to start with those questions.
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January, bout 5pm, it was right around freezing with a wind. Didn't rain or snow that day as I recall, so the ice must have been there for some time.
The store employees knew about it because I was screaming for help outside their door. But even after I left they didn't apply salt, so my gf also fell about 2 hours later when getting my car.
I feel they were negligent in their parking lot maintainace, as evidence by my injury and them not clearing the ice even after I fell.
 
bigJ said:
I feel they were negligent in their parking lot maintainace, as evidence by my injury and them not clearing the ice even after I fell.
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Your injury in and of itself doesn't indicate negligence.
Your girlfriend's fall especially doesn't indicate negligence for YOUR fall.

Speak to a local attorney.
 
Zigner said:
Your injury in and of itself doesn't indicate negligence.
Your girlfriend's fall especially doesn't indicate negligence for YOUR fall.

Speak to a local attorney.
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I know this but it does show that they weren't maintaining their parking lot even after I went down, meaning their was clearly a lack of duty to maintain even before I fell.
 
bigJ said:
meaning their was clearly a lack of duty to maintain even before I fell.
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This statement is exactly why you need someone to represent you if you wish to pursue any legal remedies. The words above are you saying they have no duty to do anything with the lot. In other words, it says exactly the opposite of what you meant it to say.

With that said, what they did AFTER your accident is irrelevant insofar as your accident is concerned.
 
bigJ said:
Do I have a case, and about how much might I get?
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HMMM, yes, everyone has case.
As far as what you'll get, I'm guessing here, but I'm thinking it won't be 3% of what you're thinking.
I'm hoping you'll fully recover, and you'll be extremely careful in the future.
 
bigJ said:
I know this but it does show that they weren't maintaining their parking lot even after I went down, meaning their was clearly a lack of duty to maintain even before I fell.
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No, that doesn't necessarily follow in negligence law.

You would have to prove that the store owners or employees knew, or should have known, of the hazardous condition before you fell, had a duty to eliminate the hazard, and didn't.

Here are some defenses:

We opened the store this morning. We traversed the parking lot with no trouble. We were not aware of any icy conditions until Mr BigJ fell and alerted us to the condition. According to our sales records we had over 30 customers that day. Nobody else slipped or complained of icy conditions during the day.
 
bigJ said:
Do I have a case
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A case of what? Do you think someone other than you should be responsible for you slipping on ice? If so, who do you think should be liable, and what act(s) or omission(s) of that person/entity cause you to believe he/she/it should be liable? If you're asking whether a property owner in a state that regularly experiences severe winter weather is strictly liable for keeping the property 100% clear of ice at all times, the answer is no.


bigJ said:
about how much might I get?
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The damages in a successful personal injury case may include past and future medical bills, past and future lost earnings, and "pain and suffering."


bigJ said:
Even though the business was aware of what happened, they didn't salt their parking lot
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Do you mean after-the-fact? If so, that's completely irrelevant to your potential claim.

Query, however, whether you have made contact with the property owner's liability insurer. At the very least, there should be coverage for medical expenses up to $5-20k (depending on the size of the policy).

I read your follow up posts. I have to believe in a state where this sort of thing is common in winter, the courts probably aren't terribly friendly to claims like this. Of course, I'm given to understand that eastern Michigan tends to be more liberal than western Michigan, so maybe you'll have better chances if you're in the east side of the state. I agree with those who have suggested that you seek a consultation with a local personal injury attorney.
 
Greg Abbott received 14.5k a month for 40 years from a tree falling on him in 84 from a texas home owners association. Of course he caps everybody's claims since but that is pretty similar to this. However Gregg Abbott did end up in a wheelchair the rest of his life.
 
Redemptionman said:
Greg Abbott received 14.5k a month for 40 years from a tree falling on him in 84 from a texas home owners association. Of course he caps everybody's claims since but that is pretty similar to this. However Gregg Abbott did end up in a wheelchair the rest of his life.
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How is a tree falling on someone similar (uncommon, unexpected and unpredictable) to slipping on ice in the winter in an area that winter temps go way below freezing and black ice is common, expected and predictable?
 
justblue said:
How is a tree falling on someone similar (uncommon, unexpected and unpredictable) to slipping on ice in the winter in an area that winter temps go way below freezing and black ice is common, expected and predictable?
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I'll add the required context.

TEXAS Governor Greg Abbott has revealed more about the freak accident that left him paralyzed and in a wheelchair.

The story "is one of triumph over tragedy," the Texas Governor's website reads.

In July 1984, Abbott - then a 26-year-old who had recently graduated from law school - was out for a run.

In a video posted to his website, he described hearing "an explosion type sound."

"Next thing I knew, I was down," Abbott said.

An oak tree had snapped and fallen on Abbott's back, resulting in paralysis from the waist down.

Abbott suffered from damaged organs and broken ribs in addition to having crushed vertebrae splintering into his spinal cord.

As a result of the accident, he has two steel rods permanently inserted near his spine.

"I was literally at death's door," Abbott said.

"And I felt like I just had to cling to every single moment.

"When you're lying in bed throttled with pain, you have to apply lessons that you've learned all your life and for me, that lesson was perseverance. It was the lesson of never ever giving up.

"Our lives aren't defined by our challenges. Instead we get to define our lives by how we respond to those challenges."

The accident occurred after Abbott graduated from Vanderbilt Law School following his education at the University of Texas at Austin.

He went on to become the Attorney General of Texas and served from 2002-2015.

In 2014, Abbott was elected the 48th governor of Texas.

Abbott is married to Cecilia Abbott.

The two wed in 1981 - years before his accident - and have been together for nearly 40 years.

They have one daughter together, Audrey.

www.the-sun.com

Texas Gov Greg Abbott's brave battle after freak accident left him in a wheelchair

TEXAS Governor Greg Abbott has revealed more about the freak accident that left him paralyzed and in a wheelchair. The story “is one of triumph over tragedy,” the Texas Governor’s…
www.the-sun.com www.the-sun.com

The outcome is as one can see, the man is forever confined to a wheelchair, unable to resume normal mobility.

Screenshot_20240313-013343_Opera.png
 
justblue said:
How is a tree falling on someone similar (uncommon, unexpected and unpredictable) to slipping on ice in the winter in an area that winter temps go way below freezing and black ice is common, expected and predictable?
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Very similar, wind blew tree fell. Ice on parking lot both a freakish and both could be considered negligence from the owner.
 
"Considered negligence" if the elements of negligence are present.

I don't know the Abbott story. There may have been evidence of negligence or somebody's insurance company thought it prudent to settle without an admission of liability. That happens a lot.

With this icy parking lot, I'm still wondering if all the elements of negligence can be met. Just because it happened doesn't mean that somebody was negligent. Doesn't mean that somebody wasn't, but evidence of negligence has not been presented.
 

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