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  1. #1
    Join Date
    Feb 2011
    Posts
    1

    Default Fell Off a Snow Covered Ledge on Commercial Property and Broke My Leg

    My question involves an injury that occurred in the state of:
    New York
    I broke my leg when I fell off the ledge of a 6' wall. I was chasing important papers across the parking lot of a copy center. I didn't see the ledge because it looked just like a snow bank. I fell and broke my leg. There were no signs to warn me. If there had been a sign I wouldn't have gone in that direction. The ledge is on the copy centers property. Should I file a claim?
    I am on unemployment so how would lost wages be determined?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fell Off a Snow Covered Ledge on Commercial Property and Broke My Leg

    I'm having a hard time understanding how the copy center is at fault for not having a sign up to say that if you fall off a six foot ledge (which I assure you does not look like a snowbank for much of the year) you might get hurt.

  3. #3
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Fell Off a Snow Covered Ledge on Commercial Property and Broke My Leg

    Quote Quoting skan
    View Post
    My question involves an injury that occurred in the state of:
    New York
    I broke my leg when I fell off the ledge of a 6' wall. I was chasing important papers across the parking lot of a copy center. I didn't see the ledge because it looked just like a snow bank. I fell and broke my leg. There were no signs to warn me. If there had been a sign I wouldn't have gone in that direction. The ledge is on the copy centers property. Should I file a claim?
    I am on unemployment so how would lost wages be determined?
    You were "chasing important papers", so does that mean you weren't looking where you are going when all of this happened?? This reminded me of a women who fell into a fountain while texting:

    http://abclocal.go.com/kfsn/story?se...rre&id=7906487

    Apparently, even she managed to find a lawyer to file a lawsuit, and you can probably give it a try as well. Looks like there's no sign in front of the fountain saying "you might fall in the fountain". But suing for "lost wages" while unemployed, that is pretty "ballsy".

    However, if there is lawyer out there who can sue and collect for someone who got hurt because he wasn't looking where he's going, and then collect on lost wages for someone unemployed, I'm sure we all want to know this guy or gal is too.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Fell Off a Snow Covered Ledge on Commercial Property and Broke My Leg

    Are we talking about something that amounts to a man-made cliff, with no fence, barrier or buffer area at the top? Also, how big was the snowdrift such that a six foot drop wasn't nonetheless obvious?

  5. #5
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Fell Off a Snow Covered Ledge on Commercial Property and Broke My Leg

    Some people think that everything that happens to them is someone else's fault.

    In this case you have an IMPOSSIBLE burden of proof. You will never get an attorney to take your case on contingency as you hardly have a case.

    You would have to prove how the injury to you was foreseeable by the defendant. You would have to prove the defendant owed you a legal duty plus a duty to protect you from your own carelessness and stupidity.

    Maybe if you did sue, the insurance company would pay your medical bills to avoid the expensive of a civil case, but anything beyond that they will fight for every dime. Lost income is a fantasy besides. But again, you won't find an attorney to put up all the expensives and time to collect on a contingency, unless you find some shyster on television that does slip and fall cases.

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