Can You Sue If You Trip on A Curb?
I got an email from a guy who wanted to know if he could sue if he tripped on the curb and got hurt.
So I figured I would answer that question for everyone.
Fall down cases are way more complicated than most people think, and more complicated than most personal injury lawyers explain to people.
That’s because a lot of people think that if you fall down on someone else’s property, they are automatically obligated to pay your medical bills. But that is not the law.
In a nutshell, in a fall down case, you have to prove that whoever was owning or managing the property new or should have known about the condition that caused you to fall in enough time for them to have fixed it.
In other words, if there was nothing wrong with the property that causes you to fall, then you cannot sue for it. So if you really just tripped over a curb and the curb was in a good state of repair and there was no other issue of a hole or snow or ice or something other than you just tripping on a perfectly okay curb, then I do not like your chances of winning a case. These are complicated cases so I always tell personal injury clients to call me when they have fallen.
Think about it: so you got hurt and you think you have a personal injury case. Who are you going to sue, and why? Did they do something wrong which caused you to fall down and get hurt? If they didn’t do something wrong, and if that wrong act didn’t make you fall down, then why would you want that person to be responsible for your personal injuries, anyway? That wouldn’t be fair.
Lots of people get hurt and there is no one to blame. In those circumstances, there is no lawsuit or claim to make.
In every kind of personal injury case, you have to prove that the person you’re suing did something wrong. If you got hurt and no one did anything wrong, then you can’t sue anybody. But only an experienced attorney who knows a lot about fall down cases can advise you properly as to whether you have a case. I’ve had a lot of success in fall down personal injury cases, even when, at first, it seemed unlikely that we had a theory of what the defendant did wrong. But I am very good at examining the circumstances and figuring out if everything was okay. So if you have detailed questions the best thing for you to do is call me at my office.
"Hiring Scott was one of the best moves I have made in my life. Scott is a down to earth person and attorney. Scott is a 5 star first class act who really knows his stuff. The Judge said his presentation was one of if not the best he had ever seen. Take my advice, hire Scott. I’m sure you’ll be 200% satisfied. I was."
Cab Driver, Fall Down