Premises Liability Injured at BP gas station

[mmd79]

Hello,

I was at a BP gas station yesterday, Sep 1, 2010 at about 6pm in New Jersey. It is an old station, but BP just opened up there recently, within the last year or so.

I paid 50c to fill up my tires at an air terminal. While I am going around my truck to fill the tires, my left big toe is split open by a 2'' metal peg jutting out of the ground in the standing area in front of the air terminal. It looks like a helix-type rod, the kind you would see in steel-reinforced concrete. I figured that is something they should have removed before opening?

 

[army judge]

I suspect your chances at a lawsuit are small, if that's what you're asking.

Did you report your accident to the management/owner?

Have you sought medical care?

If you've sought medical treatment, was health insurance involved?

You could speak with a lawyer about this. Most lawyers take cases like this (if the fact pattern is solid), for a contingency. You don't get paid, they don't far paid.

But, if you didn't report it to the owner/management, you have no proof. Even if you reported it, this isn't a great case. If you have insurance, your out of pocket is small. Your pain and suffering for such an injury is small. Finally, your actions might be considered contributorily negligent. That standard is used in NJ, if I recall correctly.

 

[mmd79]

I did not report it, and I did not seek medical care, but I will definitely report it to the person there to at least let them know to remove it.


Thanks for the info