What are my rights if I tripped over a piece of metal sticking up out of the concrete as I was leaving a local restruant?
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What are my rights if I tripped over a piece of metal sticking up out of the concrete as I was leaving a local restruant?
I fell into a wall and hit my forehead and smashed my glasses into my left eye. I went to the ER ans was told that they didn’t think there was a concussion. However, there is severe bruising and tenderness on my forehead and I have some headaches. The business gave me ice and told me to go to th ER. What is their resposibility as far as paying for the hospital visit and the follow up visit with my regular doctor? I also want to know what about reimbursing me for my pain and suffering?
Asked on March 9, 2013 under Personal Injury, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unfortunately, there are some issues with any potential claim.
First, they would have no liability at all, if either 1) the sidewalk was not under their control (e.g. they only rent the space and are not the building owner, who typically has that responsibility); or 2) they were not aware and would not necessarily be expected to have been aware of the metal sticking up, since if they had no knowledge, they were not negligent, or careless, in not correcting the situation.
Second, if all you had were some headaches, it's not likely you'd be entitled to pain and suffering compensation--that is for serious injuries, with long lasting or permanent loss of function or of life enjoyment.
Third, while if the restaurant was responsible for the sidewalk, they may be liable (if they had knowledge of the metal) for the broken glasses and your out-of-pocket (not reimbursed by insurance) medical costs, if they don't pay voluntarily, you'd have to sue them to recover the money, which may or may not be worth it.
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