Legal Question in Personal Injury in Missouri

Hand Injury from city sidewalk

I was walking along the sidewalk to join my family to watch a parade. The next thing I knew I was falling forward to brace myself I put out my hand to brace myself. The next thing I recall is my wife asking me to turn over my hand and when I did my 2 middle fingers fell almost completely backwards they were still attached but out of socket. My hand was also badly torn open. Some people that were near by come over to help one of them just happened to be a emt. My wife drove me to the hospital were I recieved stiches and x-rays. After getting released from the ER we went back to were it happended and there is a considerable difference in height of two slabs of side walk about 6 to 8 inches. There was alady that lived nearby that told me and my wife about 20 mins before me another man tripped and hurt his knee. I have been off work now for over 3 weeks and my middle finger still isnt moving and if I dont regain movement it will be hard to do my job. Would this be a matter to take up with the city or the home owners (even tho it was a public side walk put in by the city) that the sidewalk is in front of? Someone told me I have only 90 days to file anything against them is that correct? Also is this a case worth persuing?


Asked on 11/03/03, 7:58 pm

1 Answer from Attorneys
Spencer Farris The S.E. Farris Law Firm

Re: Hand Injury from city sidewalk

There is a problem if the sidewalk is uneven- not enough difference, and the law says no defect- too much, and you are blamed for not seeing the gap!

What city, and was the crowd or other distraction such that you couldn't see the gap? Yes, certain cities do require notice before you can proceed with a lawsuit, and the city must be notified. Failure to properly notify the city will bar your claim.

You should document, with photos, the area in question. Take several shots at different distances and angles, and one or two with a ruler to measure the distance.

Make sure to submit your medical bills to your own health insurance, as they don't get reimbursement in most instances under Missouri law.

Finally, hire an experienced trial attorney as soon as you are able- one who knows how to try an injury case, and is willing to do so. That attorney will help ensure that evidence is preserved, and the other proper steps are taken to preserve your claim. Remember, the longer you wait, the more difficult it becomes to preserve the evidence you will need to win your case, and if you can't win at trial, no claims adjuster will take your claim seriously, either.

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Answered on 11/03/03, 11:00 pm


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