Injured Exiting Shopping Mall and Walked into an Unmarked Grey Cement Post. Required Hospital Treatment.

Injured Exiting Shopping Mall and Walked into an Unmarked Grey Cement Post. Required Hospital Treatment.

Question:

As the owner of a seasonal business, it affected me greatly. I had to have others in the company cover my employee training and office setup days. In addition, I missed important family events and am still undergoing followup treatment. All other posts on site are marked with a bright stripe, with the exception of those at this particular entrance. My son-in-law took photos the following night of the posts at the same time/same lighting. Can I seek compensation for lost time/profits at my business?

Answer:

Anyone MAY sue anyone they wish to, but that does not mean guaranteed success just because one chooses to sue.  The injuries need to be discussed in greater detail to determine if they are causing one to be disabled, as determined by a medical doctor, from their employment, etc.  Also, a major factor is what the photo taken the next day of the cement post in question actually depicts (i.e. how high is the post, how many posts are there at that particular entrance, what the other posts that have the bright stripe look like and where located in relation to the post being complained about, etc. etc.).  Obviously, the big question here would be why the person did not see the post in question before walking into it.

This legal question was provided by Avvo and answered by Jules Messinger an experienced Brooklyn Personal Injury Lawyer. This does not consent an attorney client relationship.

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