What are my rights if I fell outside in the front of my apartment in a sprinkler hole while I was leaving and looking for my son?
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What are my rights if I fell outside in the front of my apartment in a sprinkler hole while I was leaving and looking for my son?
The sprinkler hole is deep and is partly covered with grass. It is also in a pathway that leads to and from the street because there is on the street parking. I want to know if I have a case and, if I do, what is the case?
Asked on February 17, 2013 under Personal Injury, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You may have a case IF it would be considered "negligent"--or unreasonably careless--to have a sprinkler hole of that size in that location. If it was, you could possibly recover your out-of-pocket medical costs (not picked up by insurance); lost wages (if you missed work); and potentially pain and suffering if you suffered any relatively long lasting impairment of life functions or enjoyment. If you were not injured to any extent, there's no point in suing--you'd spend more on the lawsuit than you'd recover.
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