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Broke Leg On Ice Outside Of Bar

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Broke Leg On Ice Outside Of Bar

Postby Burhbank » Tue Nov 29, 2016 10:58 am

I fell on black ice one night while coming outside of a bar, and ended up over-hyperextending my leg and breaking a part of my tibia bone. Can I bring legal action into this?
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Broke Leg On Ice Outside Of Bar

Postby Hartun » Tue Nov 29, 2016 11:53 am

I fell on black ice one night while coming outside of a bar, and ended up over-hyperextending my leg and breaking a part of my tibia bone. Can I bring legal action into this?
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Broke Leg On Ice Outside Of Bar

Postby Bhric » Tue Nov 29, 2016 3:30 pm

Sure you can bring legal action but the question is, would you win?  In order to be successful, you must have evidence that the bar was negligent.  That is, they knew or should have known that the area outside the bar was dangerous, and based on local standards and laws had a duty to remove or reduce the hazard. I am in So. California and don't deal with ice slip and fall cases but the basis principle is the same everywhere.  The property owner cannot be expected to make every walking surface perfectly safe, especially when it is below freezing or there is inclement weather. Black ice by definition is sort of invisible, correct? Here is what would make a strong case for you: someone that same evening slipped and fell and the bar knew of it; or, a local ordinance states that all business must salt or scrape walking areas withing 50 feet of the front door(something like that) and the bar did not do that. Or, someone reported to them that it was becoming very slippery where you fell or, other business nearby were salting or scaping thus setting a standard and this bar did not do so. The law does not and cannot impose a duty on the property owner to make the sidewalk perfectly dry. That would be an impossible burden or surely not a reasonable duty to impose on the bar. Then there is the defense that you yourself knew or should have known the area could be slippery and, you probably had a couple of drinks and that could have contributed. I doubt if a lawyer would take your case. You can sue in Small Claims but you better have some evidence as discussed above. Also, are you sure that the bar owned the area of the ground where you fell? Maybe it was City owned property. See the problems? If it was bar owned property, they probably have insurance that would cover your out of pocket medical expenses regardless of legal liability. Good luck.
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