Legal Question in Personal Injury in Michigan

My Rights under the law

I would like to know what my rights are concerning a fall that I had at the library that I work at. I was a patron at the time and tripped on the carpet that was there. It was a carpet that should never have been there and many people tripped over it. I broke my right hand. They have been letting me work but my hand is not healing and I believe that I will not be able to work much longer. This happened in late August of this year. They are not treating this as a workers comp case. They are also making it hard for me to get a copy of the accident report. The witnesses have said that the carpet was the cause. My own boss was a witness.


Asked on 10/13/03, 2:05 pm

3 Answers from Attorneys

Don Rosenberg Barron, Rosenberg, Mayoras & Mayoras, P. C.

Re: My Rights under the law

You clearly have the right to sue for personal injury as well as lost wages and eaning capacity. You will have to establish negligence on behalf of the store. There is a new doctrine of open and obvious that you will have to get past. While I do not personally practice in the area of personal injury, my partner, Ronald Barron has for over 35 years. He is excellent and a great guy. You can check his bio and our firm at these web addresses. Firm www.brmmlaw.com and his bio at http://www.brmmlaw.com/rbarron.html.

Feel free to call him and pick his brain 248-641-7070.

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Answered on 10/13/03, 3:14 pm
William Stern William Stern, P.C.

Re: My Rights under the law

Since it occurred while you were "off the clock", chances are it is not a workers compensation case. It is a general negligence case. If you had prior notice that the carpet was defective, it could really harm you case. If you did not have prior notice that the carpet was defective and the library should have known of the defect, you may be in solid shape. Give me a call to discuss your situation. Bill Stern 248-353-9400

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Answered on 10/13/03, 3:49 pm
Regina Mullen Legal Data Services, PLC

Re: My Rights under the law

This is not a worker's compa case. You MAY have a case for personal injury against the job, but it's NOT a worker's comp case.

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Answered on 10/13/03, 7:43 pm


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