Do I have a case if I fell on stairs since the2 escalators were going the opposite way I needed to go and I couldn’t use them?

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Do I have a case if I fell on stairs since the2 escalators were going the opposite way I needed to go and I couldn’t use them?

I know I have difficulty walking and stairs. I wanted to go from the 3rd floor of a mall down to the 1st floor. From the 3rd floor to 2nd, I was able to take the escalator. From the 2nd floor to the 1st, both escalators were moving upwards, so I had to use the stairs. I fell and broke my ankle. I have since had to have 2 surgeries. Later I learned there was an elevator but I did not see it. Do I have a good enough case to try to pay for my $3,000 in medical bills?

Asked on November 19, 2011 under Personal Injury, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have a personal injury claim resulting from falling on the stairs.  The fact that you did not see the elevator is NOT going to prevent you from pursuing your personal injury claim.

Your personal injury claim should be filed with the mall's insurance carrier.  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 you have reached a point where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim will consist of these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the mall's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the mall.  If the case is settled with the insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the insurance carrier, you will need to file your lawsuit against the mall prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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