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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111462
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I walked into the side of a handicap ramp that was black

Customer Question

i walked into the side of a handicap ramp that was black like the asphalt parking lot. This threw me across the ramp and I landed on my left side and hand with such force that my brighton watch flew off my wrist. The watch has a double clasp. The hard fall resulted in week of therapy for my body and the wearing of a cast for my hand. I am sending the insurance company for the parking lot a detailed description of the accident. There was a witness with me. The parking lot owner had been warned that others had fallen and the ramp needed painting before someone was really hurt. We have a picture of the ramp as it was when I fell. We also have pictures of the new paint job within two weeks of my fall. I just need a good closing statement to end the detail asked for.
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to hold a land owner liable, you must prove 1) the ramp was a hazard in the manner it is laid out and 2) the owner did not provide proper notice of the hazard to invitees onto the property. If you can prove both of those things, you have grounds to file a suit. Proof of "subsequent remedial measures" are not actual evidence of wrong doing, but you can argue had it been painted as it is now painted your accident would not have occurred.
You are entitled to all medical expenses, therapy, lost wages and any other actual damages suffered. In addition to those actual damages, you are entitled to 3-6 times the amount of those damages for pain and suffering.
So in your statement, you need to state they owed a duty to invitees on their land to warn of known hazards and they knew or should have known that it was a hazard being that it could not be seen AND they failed to provide notice that there was a hazardous condition. Then you can state that while the remedial measures does not prove their liability, had the ramp been painted in that manner at the time of the accident your injury would not have occurred.