If I fell while delivering newspapers, can I sue the client for damages?
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If I fell while delivering newspapers, can I sue the client for damages?
I fell on some stairs that were poorly lit. I have insurance for the medical but not for time lost on my full-time job.
Asked on December 19, 2012 under Personal Injury, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the fall occured because the stairs were unreasonably poorly lit, you may be able to successfully sue whomever is responsible for lighting in that building (which may not be the client, if the client is not the owner of the building). To have a chance of winning, you would have to prove, by a preponderance of the evidence (that it is "more likely than not") the following:
1) The stairs were not merely not as well lit as they could have been, but were so poorly lit as to cause a safety hazard.
2) Whomever was resonsible for maintenance, etc. of the stairs knew or should have known they were poorly lit.
3) You fell because of the poor lighting (e.g. you didn't happen to trip because you were running up or down the stairs, or were carrying too much).
4) The fall caused your injury (so there was no pre-existing injury, for example).
5) The injury made it impossible for you to work for some period of time.
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