Premises Liability Sprained Ankle after Fall, No Watch Your Step Sign

[Grip1]

Jurisdiction

Pennsylvania

My wife and I were walking out of coffee shop one morning over a year ago (but less than two years ago). We are still within the statute of limitations.

There was no "Watch Your Step" sign and the sidewalk blended in with a step up that we had walked in. As we were leaving she missed the step, fell, and sprained her ankle as a result. There's no cameras at the location where this happened.

Why did we not pursue anything earlier? We both thought it's a sprained ankle, not a big enough deal to warrant legal action. My personal view has changed because now she developed a nerve condition that has caused her and I to miss work a lot both this year and last.

This coffee shop has 3 locations. The location with the fall happened has a 7-inch gap from the top of the step to the sidewalk and no sign. Another location has a 6-inch gap and a "watch your step sign."

We have spoken to two firms and both did not take the case. Having said that when we talked to those firms they didn't know about the gap at both locations because we didn't have the measurements of both locations yet, only one location: the one where the fall happened.

 

[army judge]

We have spoken to two firms and both did not take the case. Having said that when we talked to those firms they didn't know about the gap at both locations because we didn't have the measurements of both locations yet, only one location: the one where the fall happened.

When you visit your new attorney candidates take a video with you of the injury site.

Also provide several colorful views of the accident scene.

Bring ALL of the relevant medical records and receipts for your insurance and medical expenses, proof of all lost wages.

If at first you don't succeed, try, try, try again.
Credit: William Edward Hickson

 

[adjusterjack]

Here's my guess as to why two attorneys would not take the case.

A "step" is not a "hazard" that requires elimination or remediation.

Millions of stores and businesses and homes have one or more "steps" that are safely negotiated every day without any warning signs.

In fact, by your own admission, you and your wife safely negotiated the step upon entering the coffee shop and apparently paid no attention to it on the way out.

If the coffee shop owner had any negligence at all your wife's inattention brings her own negligence to the table.

A sign at one location is not necessarily evidence of negligence at another location that lacks a sign.

To be negligent in causing harm to another, a person must know, or should know, that a hazard exists, and fail to eliminate or remediate the hazard.

Steps are ubiquitous. I doubt that, prior to your wife's accident, anybody said to the coffee shop manager "Hey, you've got a dangerous step out there." And even if somebody did say that, a confirmation of any kind that the step was not defective would absolve the coffee shop manager/owner of any liability.

In spite of the above, please consult a few other attorneys. If nobody wants to take the case you have the option of filing your own lawsuit. You can file your own small claims case for up to $12,000 in Magistrate Court. If you want to sue for big money you'll be up against insurance company lawyers.

 

[zddoodah]

There was no "Watch Your Step" sign

Have you ever accidentally walked into freeway traffic because there was no "no pedestrians" sign?

Have you ever been to a restaurant with a fireplace and put your feet into the fire because there was no "caution, fire" sign?

There are things that reasonable people are expected to do without having to be told, and watching where you're walking is one of them.

the sidewalk blended in with a step up that we had walked in.

So you had already walked this path and were familiar with the terrain.

You didn't ask a question, so I'm not sure what the point of your post is, but if you want to pursue a lawsuit, feel free to consult with as many personal injury attorneys as you like.