If a faulty handrail caused me to fall and injure my ankle, what are my rights?
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If a faulty handrail caused me to fall and injure my ankle, what are my rights?
While exiting my workplace Ifelt myself misstep. So I reached for the handrail and it was broken; it went to the side as did I. This caused me to severely sprain my ankle, perhaps hairline fracture. I went to the ER and my ankle is now in a splint. This is going to be seriously debilitating for a few weeks. I cannot work or care for my 19 month-old on my own. This was at a national retain coffee chain located in a condo building. Am Ientitled to anything for the faulty handrail? Should I speak to a personal injury attorney? In Broward County, FL.
Asked on December 2, 2010 under Personal Injury, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, you should speak with a personal injury attorney to evaluate whether you have a case and what it might be worth; many such lawyers will provide a free initial consultation. As some general information for you:
1) It doesn't matter that it was a national chain; the size has nothing to do with the likelihood of liability. Similarly, it doesn't matter what kind of building it was in.
2) Whether they liable depends on whether there was fault. Whether there was fault depends on whether anything was done wrong: the handrail was installed poorly; they knew or should have known it was broken and did not repair it; etc. If there was no fault--e.g. the handrail was broken by some other person shortly before you used it, so there was no way for the store (or condo--whoever had control of and maintained the handrail) to know of the problem--then there's probably no liability.
3) If there is liability, you could potentially recover for lost wages; medical costs; and other necessary out-of-pocket expenses (e.g. transportation; a caregiver to help with your child). If there is any permanent disability, you could recover for that, too.
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