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

UPDATED: Jan 13, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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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