Slip and Broken Bone in Foot
Right before Christmas of last year, I was having dinner with my mother at a well known fast food restaurant. We went inside and ate dinner. While leaving at close to the end of sunset, I stepped off the sidewalk and directly onto one of their landscaping rocks (about 2 inches) that obviously got kicked into the parking space directly in front of their building. I stepped off the sidewalk and directly onto the rock(which I have) rolled my ankle and broke my foot. Their insurance company has spoken to my insurance company to cover their costs. My question is they still have yet to contact me in regards to any type of compensation. My co-pay amounts, time off of work, my gym membership that has sat vacant that drafts from my account. The employees failed to even see if I was okay. Luckily my mother was with me, and escorted me into the car.
1 Answer from Attorneys
Re: Slip and Broken Bone in Foot
Slip and falls present several questions: was there a defective or dangerous condition; did the property owner know or should he have known of dangerous/defective condition in time to repair or warn of the condition before the injury. Also, to make a recovery the condition cannot be open and obvious, i.e. if someone steps into a big hole in the middle of a bright sunny day, he usually doesn't have a claim. The question in your case will be whether the restaurant was aware the stone was "kicked" or moved to create a potentially dangerous condition. In a parking lot, this will probably be hard to prove.