If I sprained my ankle at a city park due to poor maintenance, is this worth pursuing?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I sprained my ankle at a city park due to poor maintenance, is this worth pursuing?

I sprained my ankle at a park owned by the city. It occurred on a concrete walkway that was sunk into the turf so as to be level with the grade. In the area I fell there was at least an inch or 2 drop off where the turf should have met the walkway grade but had been worn/eroded away. My ankle rolled over and I fell by stepping onto the edge of that unexpected drop off. I have yet to be medically examined but this is likely a grade 1 or 2 soft tissue injury with heavy swelling and now bruising a couple days later. Is this negligence that would be worth pursuing legally?

Asked on April 15, 2012 under Personal Injury, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It's probably not worth pursuing. First, the amount of money you could recover is commensurate with your injury and out-of-pocket costs (e.g. unreimbursed medical, lost wages). Swelling, bruising, and a soft-tissue injury is not worth much in terms of "pain and suffering," so unless you happened to incur signifiant out-of-pocket medical costs or lost several days of work, it's difficult to imagine you could recover enough to justify the cost of a lawsuit.

Moreover, a municipality is not generally responsible for faulty-maintenance-related injuries unless you could show that the city knew of the hazard presented; basically, you'd have to prove that somone had complained about this condition prior to your injury.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption