Can i get compensated for falling over a tire stop in front of a store if the store is not at fault

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Can i get compensated for falling over a tire stop in front of a store if the store is not at fault

I was walking out of the CVS by my house and of course looking straight ahead I tripped over the tire stop. Now it is painted yellow and there are 2 poles but they are not close to the tire stop. I fell and hurt my knee pretty bad where i had to stay off of it for an entire month. I missed 3 weeks of work and had to work from home the last week. i contacted CVS and they had i guess a claims company they deal with handle my claim. they said i can’t get anything because cvs was not at fault. I think i should get compensated for at least pain and suffering.

Asked on March 23, 2017 under Personal Injury, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Why should you be compensated in this case (other than the fact that we all naturally want compensation for any injury, pain, inconvenience or disruption)? The stop is obviously visible: it is painted yellow, you write, and also has two poles, even they are not right by it. CVS has taken, based on what you write, reasonable steps to ensure that people see and don't hit/trip over the stop. Liability, however, is based on negligence, or being unreasonably careless--that is, not taking reasonable precautions. If someone has taken reasonable prescautions, they are not at fault, and therefore not liable, for your injuries. And since "reasonable" precautions is just what it sounds like--"reasonable" steps, which will work in the majority of circumstances, not every possible precaution to eliminate all risk--it appears that CVS did take reasonable precautions and therefore would not be liable. The fact that lawyers will not take your case reinforces that: if attorneys thought there was a good chance of winning and money in your case, they would take it.


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