What are my rights if I fell on black ice in a village-owned parking lot andbroke my tibia and fibula?

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What are my rights if I fell on black ice in a village-owned parking lot andbroke my tibia and fibula?

My employer does not have workmen’s comp. I was on my break.

Asked on January 13, 2012 under Personal Injury, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You most likely do not have any recourse:

1) If you were on your break and not performing work, even if your employer had workmen's comp, it would likely not cover you.

2) The village would probably not be liable for a fall due to black ice on its lot unless you can show that the village was somehow at fault--that is, that they knew or should have known of the ice condition and failed to take reasonable steps to ameliorate it. Also, suing a municipality is not easy (there are additional limits on suing the government, over and above the procedure for suing anyone else), so it is doubtful you could do this without a lawyer--and hiring a lawyer might cost you more than you would recover.

To be certain, you should speak with a personal injury attorney--many provide a free initial consultation to evaluate a potential case--but you need to be prepared that you might not have any recovery. Not every accident results in being able to seek compensation.


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