Personal Injury Law (Accidents/Slip & Fall)/Do I have a case

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Question
I recently had ankle surgery so I am required to use crutches. After about a month of being home my son took me to see a movie here in California. We bought our tickets and went into the theater about 10 minutes before it started. We walked in and noticed someone was sitting in the seats for people with restrictions so I looked up the stairs to see what seats were open. I told my son lets go to the next row. As I turned around to go up the stairs I put my left crutch down as to take a step and there was no floor there. It was a drop off about 8" in height. I stumbled which caused me to land on my bad ankle. Luckily my son caught me from behind preventing me to fall. The first row of seats are for people with restrictions such as wheel chairs, crutches etc. but people were in them. As you go up the stairs there is no floor to the left of the stair case due to the area that runs behind the seats for wheel chairs. It was dark in the movie theater and me and my son both could not see the stairs enough to see there was a drop off. I went out to let someone know that the area needs to be signed or lit, but nobody was around. The staircase had a rail going down the middle of it which made the staircase narrow and made me have to stay close to the seats to prevent me from running into the rail. I don't know if I did any damage to my ankle but it swelled up for a couple of days and I had pain in the area of the operation. I see the doctor in a week. I contacted the headquarters a couple of days later toilet them know of the incident and to have someone fix it. Their insurance contacted me and asked if I wanted to file a claim. I told them I wanted to make sure they fixed the problem by adding lights or signage stating that there is a drop off next to the stair. They claimed that they took pictures of the area and show that it was lit with l.e.d lighting. I told them It was too dark in there to see any lighting. They asked if I had come from outside (daytime movie) and if so it takes a while for the eyes to adjust to the darkness so thats probably why I didn't see the lighting.  My ankle feels better now and the swelling has gone down. Thank You for your time

Answer
Dave, probably not a case that's economically viable unless you were seriously injured.
PLease call me if you would like to discuss.

Note that the time limit for filing suit here in California is 2 years from date of accident. If you don't file a lawsuit within that time you will be unable to recover.

Ed Smith
Law Offices of Ed Smith
916-921-6400
www.autoaccident.com  

Personal Injury Law (Accidents/Slip & Fall)

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Edward A. Smith

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California Personal Injury lawyer with 18 years of experience handling automobile accidents, dogbites, slip and fall cases as well as medical malpractice cases will answer your questions regarding these areas. Valuestar Certified. Author of "Top 20 PI sites on the Internet" for Law Office Computing Magazine.

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