My husband fell over a slanted curbing that is not marked or painted to warn of it’s slope, is the place held responsible for his injury?

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My husband fell over a slanted curbing that is not marked or painted to warn of it’s slope, is the place held responsible for his injury?

I went in and asked if we/ they had to file a report due to my husband falling. They took his name and number down, came out and let me show them where he fell. Didn’t ask if he was okay ,nor offered any ice for ankle. I told them he was about in tears from hurting. And that was it. If I have to take him to doctor, are they responsible?

Asked on September 21, 2012 under Personal Injury, Georgia

Answers:

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

Answered 8 years ago | Contributor

The business or other establishment where your husband fell is liable for his injury.

When your husband completes his medical treatment and is released by the doctor, obtain your husband's medical bills, medical reports, and documentation of any wage loss.  His personal injury claim filed with the insurance carrier of the business or place where he fell should include the medical bills, medical reports and documentation of any wage loss.  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 the injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If the case is settled with the insurance carrier, NO lawsuit is filed.  If your husband is dissatisfied with settlement offers from the establishment's insurance carrier, he should reject the settlement offers and file a lawsuit for negligence against the establishment.  If the case is NOT settled with the insurance carrier, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your husband will lose his rights forever in the matter.


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