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-   -   Fell in shop (https://www.askmehelpdesk.com/showthread.php?t=569397)

  • Apr 10, 2011, 05:51 PM
    annebarton
    Fell in shop
    Hi I was going into a florist a few weeks back as I walked in the main door I fell down this quite deep step, I fell flat on my face, as I tried to get up I banged the side of my head on the wall. As I really wasn't feeling well at all a doctor was called for me at this stage I couldn't even stand as I was quite giddy. The doctor examined me and told me I had sprained my ankle and had suffered slight concussion. He then added that I would have to very closely watched for 24 hours. At present I am still attending my doctor. Do you think I may have a case. Eagerly awaiting your reply Anne
  • Apr 10, 2011, 06:00 PM
    excon

    Hello Anne:

    You certainly might. Or, you might not. Just falling down on a step doesn't mean he's negligent. However, if the step is dangerous, and he knew it, and did nothing about it, he could be negligent.

    I'd run this by a lawyer.

    excon
  • Apr 10, 2011, 06:06 PM
    Fr_Chuck

    And is the store and shop paying for all of your doctor bills and any loss work ?

    If so, what are you planning on suing for ?

    Next is the step really dangerous or were you careless, merely falling down a step does not make them guilty
    Is that step too step, out of code, was it wet, was there no rail to use?
  • Apr 10, 2011, 06:08 PM
    ScottGem

    First, since this is a legal question its been moved form the health forums. Second, ANY question on law needs to include your general locale as laws vary by area.

    It is very hard to tell from what you have told us whether there is a case or not. Generally, you would have to prove negligence to have a case. For example if other people have had problems negotiating this "quite deep step" and the shop has not posted a watch your step sign, then they may be considered negligent. But you would have to prove there were previous accidents.

    Also, you could only sue for your actual damages. If your medical expenses are covered under health insurance then you may have no damages. Though it may be your insurance will want to try to recover.

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