Are property owners responsible for my fall?
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Are property owners responsible for my fall?
I was exiting a bldg last month and took a shortcut through the grass to get to my car. Long story short, there was a large hole in the grass that I did not see and my foot went in it, twisted and I fell. I tore several tendons in my foot and am having an MRI next week and then the doctor wants to discuss surgery. I contacted the property owner to get his insurance info and he basically told me he’s not responsible and I should’ve been on the sidewalk. Is he responsible for paying my medical bills due to the fall on his property or is it all up to me since I was in the grass?
Asked on August 17, 2018 under Personal Injury, Iowa
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The property owner is liable because you were injured on the premises. Since the property owner won't provide insurance information, your only recourse is to sue the property owner based on premises liability. The property owner is liable even if the injured party is a trespasser.
Prior to filing a lawsuit, you should complete your medical treatment in order to have the total medical bills, all medical reports and total wage loss.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Your claim should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
Your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
Therefore, if the statute of limitations is approaching and you are still receiving medical treatment, file the lawsuit so that you won't miss the statute of limitations and lose your rights in the case.
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