Legal Question in Personal Injury in North Carolina
Negligence?
Hello, I was leaving my son's apartment on the second floor and as I was walking to the next set of stairs my left leg fell completely through the wooden plank, (a piece of the wood broke completely off - about a 2 foot piece. Long story short, I went to emergency room to see if I had any broken bones. Luckily, I did not, but have bruises and a shoulder strain from landing on my left elbow and jamming my shoulder. My elbow has an abrasion, an abrasive on my left knee (which I have had three surgeries perviously on). A bruise on my thigh, a sore hip bone and a strained shoulder. I am throbbing from my foot to my shoulder from this fall. My foot up to my hip was dangling and I hit with my left elbow. I was given a prescription for pain and told to take advil or aleve for inflammation. My daughter was two steps in front of me with a baby in his car seat that she was carrying and this could have been her and my 7 week old grandson. I am concerned about small children in the other apartments because they are small enough that they would have fallen through from the second floor. Can I make the apartment complex pay for my medical bills and medication. How about pain and suffering?? I am 49 years old.
2 Answers from Attorneys
Re: Negligence?
The apartment complex is liable for your injuries if it knew or should have known that the board was not sufficiently strong. That may be difficult to prove. If it is liable, then it would have to pay for your medical bills, lost time from work, and pain and suffering. You should probably see an attorney in your area, especially depending on the possibility of your having a permanent injury. Also, there is a chance that the apartment complex has insurance coverage which would pay for your medical expenses, regardless of fault; this is commonly known as "med pay."
Re: Negligence?
Hello,
Thanks you for your inquiry. Please understand that every case is different. It appears in your situation that we should be able to meet the legal standards for resposibility which including proving that they knew or should have known that the dangerous condition existed, that they could have done something about it, and that you were injured. Of course, there is more to it than that, but it certainly appears that you may have a claim against them.
Thank you,
David D. Daggett
(I apologize in advance for poor typing skills)
Winston-Salem Office
www.lewisdaggett.com
www.safeandsober.com
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