Yesterday I was walking home along the side of a road at night (after fireworks). The road was along the grass and very rough on the side, and there was a depression or something and it caught my foot and I fell, breaking my foot and ankle. I am not very sue happy, but is there a chance I have a legal case?
Answer:
Was there a designated walking area? If not, legally speaking you may be outta luck.
First find out of the "side of the road" is public property or private property. In either case your insuance company may end up filing suit against the property owners insurance to recover their costs of healing you.
You can sue for pain and suffering, dont expect much though - less then $10,000 i would guess.
Not really. I can't see how anyone but you was negligent here.
It wasn't as if you had some reasonable expectation that the side of the road, with grass growing, in the dark, should be as safe as a well lit walkway in a mall. You chose to walk on rough ground in the dark, and got the kind of damage that you should have expected.
No, you assumed risk by choosing to walk along the side of the road in the dark.
You tripped. Life happens. No, nobody else is legally responsible for ensuring that the world is so smooth that you never trip.
if everyone was as sue-happy as you, the whole earth would be paved with perfectly smooth rubber-coated concrete impregnated with slipresistant particles of grit. Oh, and we'd all be forced to wear padded suits.
All of the world's money would be gone of course, but at least we'll all be safe, right?
Stop drinking booze, learn how to walk and stop trying to destroy our economy. %26gt;:/
Sounds like you were on a public way. I would argue that a reasonable prudent person, would not be walking in the dark on the shoulder of a road.
Because you'll be suing the town, city, or state, there's little chance of you prevailing.
But nowadays, anything goes.
yes possibly depends what u mean by depression.
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