Legal Question in Personal Injury in California
i'd like to know can a file be claimed for this? i stepped out of my car in cvs parking lot into a pothole. i didn't pay it any mind cause i didn't fall (caught myself). i'm now having sored thighs, butt hurting and lower back hurt. could something be done about that?
i went to the dr yesterday to get some medicine for pain
3 Answers from Attorneys
You will have a very difficult time in making a claim. The store will argue that the hole was open and obvious and you should watch where you are going. But keep looking, there are several attorneys that may take your case, since the store is supposed to have a safe parking lot.
Your injuries are not serious enough for most attorneys to want to take your case. Go to small claims court.
You could have a case. I would argue that because of the place of the pothole (right by where drivers exit their vehicle) it qualifies as a "hidden hazard." The tricky thing about your case however is the injury part. I would need to know the following:
1) How much time went by between when you fell, and when you first went to the doctor?
2) What was the doctor's diagnosis?
3) What is your recommended treatment plan?
To follow-up on these questions, please contact me toll-free at (877) LION-FOR-LAW (546-6367)
I do a large amount of premises liability cases all over the State of California every year. Don't worry about the open and obvious issue, there is a jury instruction that specifically states that a pedestrian does not have to constantly look at the ground while walking.
My law firm handles slip and fall / trip and fall cases all over the state of California. You can read about these cases at http://www.slip-and-fall.net. If you want to discuss your case, you may call me for a free consultation at 800-816-1529 x. 1.