What can I do if my mother fell in the parking area of a medical facility because it was very dark out there and the sidewalk was not apparent?

UPDATED: Dec 5, 2014

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What can I do if my mother fell in the parking area of a medical facility because it was very dark out there and the sidewalk was not apparent?

She hit her head and has been experiencing on/off fever since then.

Asked on December 5, 2014 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

IF the parking area was not lit to a reasonable degree--basically, to the level that other commerical venues typically light their parking lots--then that may have been negligent (or unreasonably careless) and your mother might have a cause of action or legal claim against them. However, if the lot was more-or-less lit to the generally acceptable level for parking lots, then the facility probably did nothing wrong and would not be liable.

But even if the faciltiy might be liable for not having adequate lighting, your mother would have to have medical evidence (e.g. tests, a diagnosis, etc.) linking the fever to the fall--without a causal link, she could not recover for the fever. And even if there was a causal link, it's not clear that she could recover enough money to justify a lawsuit, since what you can recover is linked to the medical costs you incur, wages or earnings you miss or lose (if any), and the severity and duration of the impact of the injury on your life. Sinply having occasional fever, without more, would not support much compensation.

Since the most important thing is to take care of health first, then worry about any lawsuits, your mother should see a doctor about the fever and find out what is causing it, what the effect on her life is, whether it's a symptom of a greater problem, how to treat it (and how long and how costly the treatment will be), etc. Once she knows that (and has dealt with any immediate health risk), she should take the medical information to a personal injury attorney to discuss the matter in detail and see if she has a viable case. Good luck.

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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