Should I be a litigious American?

[sparrowsong]

Advice from all you lawyerly people?

I’ve mentioned a couple times in the randoms threads that I broke my ankle. I know everyone doesn’t read every thread though so here’s the full story.

Last month I bought a new house. Or end of November. Did some remodeling and finally moved boxes in right before Christmas. Started sleeping here maybe around New Years. I bought a new mattress. Can’t remember what day I finally had that. So I’ve just been here a couple weeks.

Six days ago I went two get the mail which is about two houses down, across the street in a cluster box. It was maybe 8pm, so dark out. As I walked up to the mailbox I literally thought to myself, “wow it’s dark here there should be streetlight or something.” Got my mail and turned around and stepped off the curb and was on the ground, mail all over the street. I collected myself and sat on the curb for a minute, then gathered my scattered mail and went home. My ankle hurt but I was able to walk that far. The rest of the night I sat in front of tv and my ankle got more and more painful. My mom came over and brought some ice packs and a walker she has because of her own past surgery. My ankle was grapefruit sized and starting to get purple. I could no longer bear weight at all. I couldn’t even move it.

Urgent care opened at 8am next day and we went in and had xrays and found out it was fractured and not just a sprain. Missed the next four days of work and then went to orthopedist and found out there’s a second fracture. Shouldn’t need surgery though, fortunately.

On way home from orthopedist we stopped at my mailbox to collect last few days and to examine the scene of the crime. Theres a pothole in the gutter, where the gutter meets the asphalt street that is semi filled with leaves. When I stepped off the curb that must be why I fell so hard.

Between the pothole and the lack of lighting, what should I do? Can I do anything? Simply report the incident to homeowners association and request the hole be filled at minimum, and maybe some street lights be installed if possible. Request medical bills be paid? Sue for negligence? I’m not looking to make millions or anything, but I don’t want to just walk away from a situation that shouldn’t have happened either. Medical cost plus a weeks pay would be cool. I have health insurance and I’m not going to lose my job, though it is going to be horrible for the next few weeks trying to see my patients from a scooter or crutches. But also it’s my new neighborhood and I don’t want to start off by making myself the enemy of everyone! “Oh there’s that horrible lady who moved in and immediately made our dues go up!” I’m just wondering what others would do in this situation.

[VillainV]

Assuming it’s a public road, usually the city is only responsible if someone has already made them aware of the pothole and lack of lighting. Even then, they may not be responsible.

If it’s an HOA and is a private road, you probably signed something when you closed saying they aren’t liable.

I hate to say it, but this is why we have insurance. It’s not someone else’s fault. It’s probably nobody’s fault. An accident.

I think you definitely should push for them to fix the pothole and install a light, but in my personal opinion it would be overly litigious to sue. And you probably don’t even have a good case unless you can prove that someone else was negligent.

[sparrowsong]

Thank you, that makes sense.

[ECB]

I would start out by talking to the HOA. Have them come out atv8pm at night at see what you were dealing with. Talk to them about getting the hole filled and lighting added. See what they say.

I think to sue is a big leap at the moment.

[sparrowsong]

I wasn’t really being serious about suing btw. I don’t even send back food that’s made wrong, lol. Least confrontational person ever. But I am mad it happened and annoyed that I am sitting in an unpacked house and can’t do much of anything for myself and am thinking out loud.

[jigsy]

I would reach out the the HOA - if it is something they are responsible for, their general liability insurance should cover your medical bills at least.

If it is a city issue, well, probably SOL but, I would still lodge a complaint of some sot to get the lighting and pot hole fixed.

[AAM2012]

Jan 18, 2019 19:29:28 GMT -5 sparrowsong said:

I wasn’t really being serious about suing btw. I don’t even send back food that’s made wrong, lol. Least confrontational person ever. But I am mad it happened and annoyed that I am sitting in an unpacked house and can’t do much of anything for myself and am thinking out loud.

I’m sorry you are going through this and wish you a speedy recovery...but if you weren’t being serious I’m not sure what you’re asking.


Not a lawyer but depending on your state “open and obvious” could play into any liability claim...

[sparrowsong]

Jan 18, 2019 20:27:10 GMT -5 AAM2012 said:

Jan 18, 2019 19:29:28 GMT -5 sparrowsong said:

I wasn’t really being serious about suing btw. I don’t even send back food that’s made wrong, lol. Least confrontational person ever. But I am mad it happened and annoyed that I am sitting in an unpacked house and can’t do much of anything for myself and am thinking out loud.

I’m sorry you are going through this and wish you a speedy recovery...but if you weren’t being serious I’m not sure what you’re asking.


Not a lawyer but depending on your state “open and obvious” could play into any liability claim...

The answers I have received have been helpful. I really don’t know anything about legal issues or insurance claims or city vs hoa property. Just seeing what, if anything, I can do to help myself.

I don’t know what “open and obvious” means.

[rbp]

I don't have any legal knowledge, but I just want to hug you and tell you that I feel your pain. I broke my ankle in 2014, and I know how much it sucks--between the pain, immobility, and the resulting isolation and dependence on others. That was a really rough time in my life. (FWIW, 6 or 8 months after my surgery I was running again with no pain. The only lasting relic after a year is a scar.) Feel free to PM me if you ever want to chat.

[Wallflower]

Jan 18, 2019 20:52:24 GMT -5 rbp said:

I don't have any legal knowledge, but I just want to hug you and tell you that I feel your pain. I broke my ankle in 2014, and I know how much it sucks--between the pain, immobility, and the resulting isolation and dependence on others. That was a really rough time in my life. (FWIW, 6 or 8 months after my surgery I was running again with no pain. The only lasting relic after a year is a scar.) Feel free to PM me if you ever want to chat.

Another broken ankle survivor (tibia and fibula broken and the ligament torn, in 2016) here to offer support. It can be really hard, but you'll get though it. Just do everything the Dr. tells you to do (or not do ...especially the non-weight-bearing time). And reach out to us - we're here for you!

[StrawberryBlondie]

Jan 18, 2019 20:48:53 GMT -5 sparrowsong said:

Jan 18, 2019 20:27:10 GMT -5 AAM2012 said:

I’m sorry you are going through this and wish you a speedy recovery...but if you weren’t being serious I’m not sure what you’re asking.


Not a lawyer but depending on your state “open and obvious” could play into any liability claim...

I don’t know what “open and obvious” means.

Basically - if you injure yourself on something that is not concealed and generally obvious, it's kind of on you.

[sparrowsong]

Jan 18, 2019 21:33:54 GMT -5 StrawberryBlondie said:

Jan 18, 2019 20:48:53 GMT -5 sparrowsong said:

I don’t know what “open and obvious” means.

Basically - if you injure yourself on something that is not concealed and generally obvious, it's kind of on you.

I see. I guess that’s why I mentioned that between how dark it is there at night and the fact that the hole is filled with dead leaves/pine needles, you can’t see it. Definitely more apparent in daylight.

But yes, accidents happen. I get that. I’ve tripped on a curb before for no reason whatsoever. Call me Grace. 😉

[LoveTrains]

Wouldnt it be the responsibility of the city for the lights and the street? I guess it depends on your location. I’m sorry you’re injured, sounds like a terrible accident.

[StrawberryBlondie]

Jan 18, 2019 21:40:56 GMT -5 sparrowsong said:

Jan 18, 2019 21:33:54 GMT -5 StrawberryBlondie said:

Basically - if you injure yourself on something that is not concealed and generally obvious, it's kind of on you.

I see. I guess that’s why I mentioned that between how dark it is there at night and the fact that the hole is filled with dead leaves/pine needles, you can’t see it. Definitely more apparent in daylight.

But yes, accidents happen. I get that. I’ve tripped on a curb before for no reason whatsoever. Call me Grace. 😉

That's where the Step-in-the-dark rule might apply. Basically, that means you have to be careful when you're stepping somewhere in the dark. I'm not sure if all states have this rule.

But I hear you. In the past few weeks I've cut myself on a fingernail and ripped my thumbnail while putting on gloves.

[goldengirlz]

I mean, I don’t think you’re crazy for posting. We hear things all the time like, if you don’t shovel your sidewalk and someone falls, s/he can sue you!

I guess in theory, someone can sue for anything — but the time and lawyer’s fees have to be balanced against the probability that you can actually win your case (if your case is even allowed to proceed).

I DO think you should press the HOA and/or the city to fix the hole so someone else doesn’t get hurt.

All that said, I feel like we have a lot of lawyers on this board and I’m not even close to being one (sorry, Mom and Dad.) So I’ll let someone else take this. I hope you have a speedy recovery!

[secretlyevil]

While I wouldn’t sue per se, I would be sure to get in some faces at the HOA and/or city/county. Because obviously, that’s dangerous, fix your infrastructure.

[GilliC]

I would contact whoever (HOA or city) is responsible and let them know not only about the problem, but also that you were injured to that extent. I’m sure that a lot of busybodies report on every little thing that they don’t like, but pointing out that this already had some serious consequences might help escalate the issue. Our building is pretty good about fixing stuff, but cases with clear risk definitely get prioritized.

[wawa]

Jan 19, 2019 5:57:45 GMT -5 GilliC said:

I would contact whoever (HOA or city) is responsible and let them know not only about the problem, but also that you were injured to that extent. I’m sure that a lot of busybodies report on every little thing that they don’t like, but pointing out that this already had some serious consequences might help escalate the issue. Our building is pretty good about fixing stuff, but cases with clear risk definitely get prioritized.

I broke my ankle in your stupid dark hole will get a ton more traction than "hey guys there's a hole here". So def say something.

I'm surprised your health insurance hasn't asked where and how it happened so they could go after somebody's liability insurance themselves...every time I hurt myself my insurance is all over that shit. (It's always been on public property, so no dice).

[scm1011]

Jan 18, 2019 22:03:49 GMT -5 goldengirlz said:

I mean, I don’t think you’re crazy for posting. We hear things all the time like, if you don’t shovel your sidewalk and someone falls, s/he can sue you!
[br!

Litigious American signing in...I did just that 9 years ago after slipping on a neighbors icy sidewalk and breaking my leg in 3 places (if you’ve been around that long, it was a well documented saga here). I got a fairly sizable settlement.

Mine was in daylight and the neighbor was in pretty clear violation of city rules (plus they were giant assholes about it), so a bit different, but I don’t think you’re crazy for considering it. I’m sorry you find yourself in this position.

[pixy0stix]

Jan 19, 2019 5:50:06 GMT -5 secretlyevil said:

While I wouldn’t sue per se, I would be sure to get in some faces at the HOA and/or city/county. Because obviously, that’s dangerous, fix your infrastructure.

I'd be nice about it, first. Potholes appear out of nowhere, a lot of times, especially in the winter. If they don't know it's there, they can't fix it.

[brooke77]

What type of relief do you want? Medical bills paid? Lost income paid? Them to fix the pothole or add lights? Money for pain and suffering? I guess depending on the kind of relief you’re expecting, you would reach out in a different way with different documentation.

A few years ago I fell while running over a huge crack in the sidewalk from a tree root. I broke my tibia and got stitches in my arm. I went back later and took pictures of the sidewalk and sent them to the town. The sidewalk still isn’t fixed or even spraypainted to warn people =(

[Susie]

A lot of neighborhoods don't have street lights.  Mine doesn't, and the one I grew up in, in another state doesn't either.  If there aren't lights in other parts of the neighborhood, I think you're barking up the wrong tree looking for lights to be specially put in at your mailbox cluster.  If there are lights on other mailbox clusters and yours is the exception, then sure.  

It would also be totally within reason to request that the pothole be fixed in a timely manner, but this doesn't really sound like a monetary damages situation to me.  A pothole that develops over winter, that the appropriate authority (HOA? City?) may not know about is pretty different from the negligence of failing to shovel ice/snow.

I have twisted and sprained an ankle at a crumbled edge of pavement on one of the roads in my unlit neighborhood when I was running at dusk.  It sucks, but maybe you want to bring a flashlight to the mailbox in the dark winter months.

[thejen626]

I’m so sorry.

I broke my ankle last January. Three days after moving in to our new house 😐😢 I also didn’t realize it was broken, and waited two days to go to urgent care. Luckily didn’t need surgery, it was an “avulsion fracture” I think, on the outside of my right ankle. I wore a walking boot for 6 weeks, had a pronounced limp until May. I started going on long walks and short hikes in June. Hiking really helped me because the terrain was uneven, so it moved my foot around a bit more than I normally would. Swimming and hiking all summer really helped. This fall, I’m not limping at all, but still feel mild pain occasionally.

I hope you feel better soon. And yes, I’d try to get someone to install a light, and fix the pothole. But I wouldn’t sue for medical bills or lost wages.

[Whitecaps]

I would start by approaching your HOA and/or city and see how they respond, and then depending on your level of satisfaction with that response, maybe the lawyer-y people here can advise on next steps. :-)

[nursecramer]

If you have health insurance, you will likely get a form to fill out where they ask you to describe the accident that caused your injury. If they think someone else is liable, they will pursue it. Not that they would fight for your time off work to be compensated, but they will try to cover their own losses, so that may be one way that you can get some more information about your legal standing. Also, if you successfully sue, they can likely recover the money they paid out for your care from whatever compensation you are awarded.

[LoveTrains]

Jan 19, 2019 8:22:02 GMT -5 scm1011 said:

Jan 18, 2019 22:03:49 GMT -5 goldengirlz said:

I mean, I don’t think you’re crazy for posting. We hear things all the time like, if you don’t shovel your sidewalk and someone falls, s/he can sue you!
[br!

Litigious American signing in...I did just that 9 years ago after slipping on a neighbors icy sidewalk and breaking my leg in 3 places (if you’ve been around that long, it was a well documented saga here). I got a fairly sizable settlement.

Mine was in daylight and the neighbor was in pretty clear violation of city rules (plus they were giant assholes about it), so a bit different, but I don’t think you’re crazy for considering it. I’m sorry you find yourself in this position.

Your neighbors were totally negligent! That was 9 years ago?!?!?!

[scm1011]

Jan 19, 2019 17:16:14 GMT -5 Catlawdy said:

Jan 19, 2019 8:22:02 GMT -5 scm1011 said:

Litigious American signing in...I did just that 9 years ago after slipping on a neighbors icy sidewalk and breaking my leg in 3 places (if you’ve been around that long, it was a well documented saga here). I got a fairly sizable settlement.

Mine was in daylight and the neighbor was in pretty clear violation of city rules (plus they were giant assholes about it), so a bit different, but I don’t think you’re crazy for considering it. I’m sorry you find yourself in this position.

I remember that. Your situation was pretty extreme, wasn't it? Neighbor had routed a drain in freezing weather over the sidewalk or something?

I remember this and not my netflix password.

Yup, that's pretty much the gist - good memory!

And LoveTrains, yup, it was December 2009 - crazy, huh?! 

[mrshandy]

I'm sorry. I broke my ankle on a rocky trail about 3 1/2 years ago and it was a real pain in the ass. Nobody was really negligent, just an unfortunate circumstance.

In case they don't fix it any time soon, you might invest in a head lamp for walking around in your hood at night. There are a bunch on amazon for cheap prices. I use mine for running, camping or one time when I was going door to door around my neighborhood for a traffic calming measure.