Injured After Tripping at an Amusement Park

[Caring4U]

My question involves an injury that occurred in the state of: California

I went to an amusement park with my family and I tripped over a plaque sign that was sticking up from the ground about a foot and a half. I did not see the sign, but it was close to the sidewalk, but still in a place where people can easily walk by, around, etc. I was holding a camera moving to take the picture and then I tripped over the sign...did not see it at all and all my weight went onto my back and arm. I had x-rays done immediately and followed up with my doctor...a lot of bruising, swelling, scratches, and a little bone spurt which required me to have a cortisone shot inserted into my elbow, due to the pain.

I am not an expert in all of this and do not know how to proceed legally. I understand that all places of business have to have insurance...so at least I know all my medical bills will be covered, but what about permanent damage (which has yet to be determined), pain and suffering during this whole ordeal, and loss work and ability, as my arm has been healing?

We are not talking about a big case here, but should I still seek out a lawyer? Should I try to deal with the insurance on my own? I do know enough that I need to have all my treatment finalized before submitting the insurance. Do I just submit my bills and doctor's findings and wait for them to make an offer of settlement on everything? Besides my bills, what is an injury like mine worth? I am not looking at a get-rich thing, but I have suffered a lot as a result and I have been hindered in my work and other activities as a result. And I hope I fully recover!

[cyjeff]

You say it was close to the sidewalk. Are you saying it was not ON the sidewalk? In other words, you were walking somewhere you should not have been walking to take your picture?

What did the sign say?

[flyingron]

what did the sign say?

"keep off the grass"

[cyjeff]

"keep off the grass"

Honestly, that's what I am thinking.

We get someone that trips over the "Wet floor" signs occasionally... what more do they think the property owners should do?

[LawResearcherMissy]

Besides my bills, what is an injury like mine worth?

Your bills, if even that. Nothing else, as the fault does not lie with the park in the slightest. You were not watching where you were going - you say so yourself.

[Caring4U]

"keep off the grass"

Haha...very funny.

This happened at a zoo...and it was a donor plaque sign. There was no grass...more like sawdust and it was even with the sidewalk. You may not believe me when I tell you this, but the area was made for walking on, because there was an animal figurine off the sidewalk, in the same type of sawdust material, where you can get your picture taken...right next to that figurine was the donor plaque...very easily missed. I have gone back to the park since and the park placed a trash can near the plaque, so it would be more difficult for someone to trip over it.

There is no signs that say, "Stay on walkway." There is no fence or barrier to keep people out or away. Its really hard to explain the area...there is a bunch of this sawdust like material all around this specific area where everyone walks all around...you are practically free to roam all around the area. The plaque was definitely too close to the walkway...I would set it back more, to avoid future people from tripping over it...what if someone broke their neck? Its just not plain a safe place to place this plaque.

[jk]

I'm betting it wouldn't have been so easily missed if you didn't have a camera glued to your face.

If a person had tripped their prior and the zoo was alerted to the problem, you have a good chance of getting your med bills paid.

Liability is often based on whether the incident was foreseeable. If it was foreseeable and the zoo failed to take action to prevent the situation, they are negligent and most likely liable.

all you can really do is make a claim with the zoo and see how they react.

a lot of bruising, swelling, scratches, and a little bone spurt which required me to have a cortisone shot inserted into my elbow, due to the pain.

How long ago did this happen? A bone spur takes time to develop. If it has been less than a couple months, minimum, the spur was not caused by the fall. If it has been a couple months, hopefully you filled out an incident report. If you didn't, give up now.

but a lot of bruising, swelling, and scratches? Did you get back up and fall a few more times for good measure?

[SChinFChin]

I had a slip and fall accident at my business, the customer wasn't looking where he was going, tripped and fell. He claimed to have suffered pains for a number of months, and wants compensation for his $3,000 chiropractor bill, and additonal for pain. I didn't say it to him, but thought the chiro bill was made up so I offered him $300 out of my pockets to go away, and he took it as a big joke.

I told him in that case, I'm turning the claim to my insurance, and he should get an attorney to chase after the insurance. I didn't hear from him for over six months, and was surprised he showed up one day and asked for the claim adjuster's phone number as he lost it. Turned out he went six months lawyer shopping and was turned down by almost 2 dozen lawyers. Finally one lawyer took the case.

I didn't hear anything more for another six months, he showed up again and asked for the claim adjusters number again. I was surprised and said "I thought you gave it to the lawyer and I was told he's busting the insurance company's chops". He tells me that his lawyer stopped returning his calls, and he wanted to talk to the insurance company himself.

In truth, I already checked into it with my adjuster, it was my insurance company bustng chops. and was told the insurance company told his attorney to go ahead and sue, and frankly, they didn't think the odds are against them, so my customer's lawyer finally gave up. His threats and bluster didn't work. After I heard this, I told my customer that "I'm sorry, you'll have to go through your attorney, so don't ask me anymore for the adjuster's number".

A week or two later, he came back and asked if my original offer of $300 is still on the table. I told him, "frankly no, that was to make the case go away a year ago, and because I'm still bothered by it a year later, the offer is withdrawn".

This happened about six to seven years ago, and I heard nothing more from the customer or his lawyer. He received nothing, not even the original $300 I offered that he thought was a joke.

[Mr. Knowitall]

The big question here, and I'm not seeing a clear description from you, is whether you would have seen the sign and avoided tripping had you been looking where you were going. If you're walking backwards or looking through a camera and walk over a sign that you would have seen, but for the fact that you weren't looking, you have a much weaker case than if we're talking about some sort of hidden or partially concealed hazard.

If we could see a picture, it might make it easier to tell you whether or not the sign was negligently placed or if this is something that is obvious if you are looking where you are going.

There's no reason not to have your case reviewed by a lawyer, particularly if you have some sort of long-term injury, although from what you've posted so far it sounds like you're going to recover without any residual problems. You can also try talking to the zoo or its insurance company (if it puts you in touch) to see what (if anything) they'll offer. As schinfchin indicates, sometimes even when there's no liability you can get some money to "go away".

[Caring4U]

I find it interesting that as a victim, there is a lot of negativity towards me. I was really asking for help...not looking at pointing the finger, telling me that I am at fault. Maybe some advice towards my end would be nice. You all don't need to play District Attorneys and trying to find the fault in me...how about more of a defensive approach?

I am not a careless person and I am not stupid at all. I fell over this sign and I got hurt. Many people saw it happen and I did not get up right away...I was hurt and my body was in temporary shock. I rarely ever fall! And yes, I did make an incident report with the park security and they took pictures of my swelled and scratched up arm, back, and my torn jeans. And yes, at first, I felt like an idiot for falling over and blamed myself for carelessness, but that was right after the fall...I felt more embarrassed about it...but that is a normal reaction...I really and firmly believe that this plaque posses a safety hazard...can't I be right? Instead of putting me down and accusing me...can't you subside with me and offer advice as the victim? This incident happened in March 2011. I have to visit my doctor this week, for a follow up on the cortisone injection and to see how I am doing.