Legal Question in Personal Injury in Kentucky

Injury at Grocery Store
While walking across a parking, I stepped in a hole and fell. My right arm, elbow and below was severly scrapped and brused. My lower abdomen and knees were also scrapped and brused. Went to emergency room, arm was not broken. It has been two weeks since accident and arm and abdomen are still brused, I and am still in pain. I will be left with a scar on my right arm. I lost 3 days of work. I am thinking about asking the shop owner for reimbursement for: lost wages, the emergency room charges, and something for pain and suffering. Note: the shop owner promised me he would get the hole fixed. To date he has not.

Asked on 3/31/02, 1:40 pm

Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

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Re: Injury at Grocery Store

If you have not already done so, you should take

pictures of your bruises and also of the hole.

Keep a diary of your daily problems with pain, etc.

A settlement is probably preferable to a lawsuit,

because there may be a question raised as to your

own "contributory negligence." (In nontechnical

terms, why weren't you more careful?") Also,

questions may be raised as to whether the

shopowner had prior notice of the hole - if not,

you will have a difficult time making your case.

Good luck, and speedy recovery!

Answered on 3/31/02, 1:49 pm

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