Legal Question in Personal Injury in Oklahoma
I slipped and fell a few feet from the entrance to Lowes' (hardware) store on January 31, 2010. I was taken to the ER and diagnosed with a fractured sacrum. I have to walk with crutches or sit in a wheelchair. Lowes' insurance company told me it is not Lowes fault, because I'm responsible for getting out when the weather is bad. Is this true? I live in Tuttle, Oklahoma. Thank you.
1 Answer from Attorneys
A store has a duty to exercise reasonable care. The store will argue the danger (eg, ice) was open and obvious, and that you should have seen it, therefore it's your own fault. You should consider an attorney, otherwise your chances of convincing the insurance company that you're right are next to zero.
There are many arguments against the open and obvious defense, and a great deal of case law on the subject. In fact, a recent Oklahoma Supreme Court case in 2009 raised the bar for land owners to exercise reasonable care. The specific facts of the situation are key, and I can only strongly suggest you contact an attorney experienced in such matters to look at the case.
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