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Do you think I have a case?
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Do you think I have a case?

I was walking up some stairs today to get into a building at my college and I fell on the stairs. I'm already cautious as it is going up this specific stairwell because it's marble, so it can be slippery and I've heard that others have slipped on these stairs before. I didn't trip on anything, just randomly fell. I had a snapple glass in my hand, so when I slipped I dropped the glass and my hands fell on top of it. I needed to get 8 stiches in my left thumb. I'm not the one to sue anybody, however, my parents are thinking about it. Is this even a case? I say it's my fault that I fell, but my parents are insisting this could be a case. What do you think? Anybody with legal background?


    




Downtown L. A. GUY
Slip and Fall or "Trip and Fall" cases are the hardest to Win. Generally all the facts need to be on your side and you need to have serious injuries. A Good Slip and Fall Case needs to have Two (2) Elements; First (1st) You slip/trip on an object that is not normally there or Should NOT Not have been there. Second (2nd) The object has been there for a long time. For example; If you would have Slipped on a piece of wood with nails sticking out AND the piece of wood had been there for 3 days; than you would have a "Slam Dunk" Case. You ADMIT that you "Did not Trip on Anything". You Slipped because the Stairs are made of Marble! The Stairs were DESIGNED to be Marable. Your best chance is to proved that there is a "Defect" in this Design. In other words you need to prove that "Marble" is INHERENTLY unsafe and dangerous, the best way of doing this is by showing the OWNER of the Building (the college) that there has been OTHER similar INCIDENTS LIKE Yours AND THEY did NOT DO Anything About It.


kayla24
I think people who try to get money and sue people for their own mistakes is really stupid and selfish. It is your fault, you are aware they are marble, be careful. That would be like if I sued someone for falling on gravel. It happens.


cin104
Get the school to pay for your medical treatment. Why would you need to sue for more than that? In what other way were you damaged, really? We have become a sue happy country. I like it that you are thinking fairly - saying it's your fault that you fell.


gomanyes562
I don't think you have a case. You would have to prove that the college knew there was a hazard, that the hazard was not common sense, and that they failed to do anything about it. It may be possible to win a case, but the odds are slim. And besides, are you prepared to drop out of school? Because most people who sue their school or workplace end up leaving due to the animosity generated. If you have health insurance, I think you should get treated and move on, unless the insurance company wants to sue the school, in which case you should cooperate with them.


imparicial
Rating
the fact that more people have slipped (and you aknowledge it) may make it hard for you to develop a case around it.


Common Sense
Rating
Sue your parents for being complete idiots.


Ken C
Rating
Your parents could learn a lesson in honor from you.....


Atavacron
Rating
If there's a warning to be cautious on the stairs? Then you don't

Though if I were the attorney for the college I'd close the case up in the discovery phase by having your yahoo posting records subpoenad and point out that you cop to it being your fault. :)


waynebudd
Standard duty of care....... it would be a private suit (not criminal)... and the courts will compare that staircase against the expected norm...... if it meets what the court believes to be a normal standard, then you'd lose the case and may wind up paying for both side's costs. If they are certain the stairs were not 'up to standard', then they would have a case. For example, if the steps were wet from cleaning and a 'caution, slippery when wet' sign was NOT there, you'd have a case. This can be very complicated and costly...


Mr Placid
If you just randomly fell, then you have no case. To have a case, you must prove that the college was negligent. That means you must show that they did not reasonably maintain the stairs, and that lack of maintenance caused you to slip and fall.

Next time, lose the Snapple and hold the railing.


ndyell9
Rating
I don't think you have a case. Would you want someone suing you because they slipped on your new wooden floor? etc...It seems like a case of making a huge deal out of nothing, unless the stitches are costing you thousands of dollars.


Phil Deese
Rating
on my wall i have a check i recieved for a boating accident not of my fault.amount of 2 dollars and 15 cents. i spent over 7 years of meetings and lawyer fees. lost a 3500 dollar boat and broke my back.in all cost me about 10000 bucks. be very careful because it might not work out in your favor. i did get a good deal on frame i put check in.


Mrs Captain Jack Sparrow
Rating
If you are (or your parents are) that concerned , contact a lawyer , they offer free consultations...goodluck


jojo_101_00
Well heres the thing, can you prove it was an accident?
Any witnesses? If you don't have any proof then you don't have a case and they can say that you fell on purpose.
If you really want to persue this in court you need to think about who was around that day when you fell .


mommyrayne
that's what's wrong with this country now... people looking to sue SOMEBODY (for simple or random accidents). Why would you sue? The college (or building owner) didn't do anything or neglect to do anything to cause your fall. It was an accident. Tell your parents to get the $$ out of their eyes


sandras77
i worked in a law office and took paralegal courses before and you do have a case.


firewomen
Rating
I do not believe you have a case. To the paralegal who answered the question, isn't one of the rules for a paralegal: They are not allowed to give legal advice, at least that is the rule taught in my college paralegal classes.


Steve C
In order for there to be a viable legal claim, you must be able to show that the proximal cause of your injury was someone's negligence. Accidents are never due to negligence. If the school knew that the stairway was hazardous yet failed to install mitigations, that would be negligence.


tee_girl
if the school has been made aware of the potential dangers that this stair case has and yet they have done nothing to rectify the situation you have a very good chance of winning. Although unless your parents are responsible for your medical bills they can not sue, nor could they ask for any damages pertaining to your injuries...its best that you are the one whom files suit..


caramel_latte
i don't have a legal background, but if other people really have fallen out of nowhere like you then i think there could be a case...donno how much you would get out of it but its possible.


D squared
You do have a case. The school has knowledge of previous injuries but took no action to limit such injuries. Yes you knew the surface was marble. So what? The school can take measures to limit that marble from being so slippery. Thankfully your injury is minor. But what about the next person who slips? And I can tell you this, everyone here who answered that it was your fault, you are out for money, etc. Let the same thing happen to one of their family members and see how "understanding" and forgiving they are of the school. I am not saying that you should file a suit, but make enough noise to the school and request they do something about the marble. I bought a condo that had a beautiful marble floor in the lobby. Even one drop of water made it impossible to walk on. After enough complaints, the association placed down floor runners. Problem solved. Good luck to you.


alex r
Rating
i think it might be a smart choice, not only can you get something out of this, but you can also ensure the safety for other students


?
Rating
Leagally you have a case, but the college will make your life a living hell in ways that you wouldn't be able to challenge and in a way that you wouldn't be able to prove it.





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