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sharirose78

spouse fell this christmas 2013 on uneven sidewalk of bricks hit his head on brick

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Dec 26, 2013 my husband ,our adult son& daughter -in-law were visiting a historical area looking to dine there.  The sidewalk bricks in the front of the restaurant were all uneven and raised up.  They have been that way for some time. He, my husband tripped and hit his head on the edge of a brick. His head bled, he had to go to the ER for 6 hrs. His balance was off for months still is.  He is 81 years old.  Our children nor I noticed all the bricks sticking up , he just happened to hit them.  The restaurant's insurance sent us a letters saying they would pay the bills for the care after the fall up the $5,000. but no pain and suffering. His medical bills are over $10,000. I have letters from the City safety director saying the restaurant broke a city ordinance by not repairing their sidewalk.

The historical foundation sent us a letter saying that the restaurant needed to address the problem of the sidewalk repair.  They the insurance for the restaurant, said they will pay the treatment for injury but they are not responsible for the injuries or pain and suffering.   I think they are responsible for the pain my husband suffered and for ruining our Christmas holiday,  Am I wrong?

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What some insurance company declares they won't cover isn't relevant.  Your husband is free to talk with a personal injury attorney or he can sue the restaurant directly.  Not clear why you'd believe you were wrong, since one presumes you've googled the topic of personal injury.

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The sidewalk bricks in the front of the restaurant were all uneven and raised up.  They have been that way for some time. . . .  Our children nor I noticed all the bricks sticking up , he just happened to hit them.

 

Your story is a little inconsistent.  First, I assume you left out the word "neither" at the start of the last sentence quoted above.  Second, if none of you noticed the bricks, how could you know they had "been that way for some time" (however long "some time" might be)?

 

 

 

The restaurant's insurance sent us a letters saying they would pay the bills for the care after the fall up the $5,000. but no pain and suffering.

 

That's likely because the insurance policy in question has a component that will pay up to that amount for medical expenses resulting from injuries occurring on the property (which may or may not include the sidewalk depending on where this happened), without regard to legal liability (i.e., "fault").

 

 

 

His medical bills are over $10,000.

 

Covered by your/his personal medical insurance, correct?

 

 

 

The historical foundation sent us a letter saying that the restaurant needed to address the problem of the sidewalk repair.

 

Historical foundation?

 

 

 

I think they are responsible for the pain my husband suffered and for ruining our Christmas holiday,  Am I wrong?

 

You're neither right nor wrong.  If your husband wants to sue for negligence, he may do so.  Whether the restaurant was or wasn't negligent for not fixing an old brick sidewalk is impossible to determine from your post.  Obviously, the laws of the state where this happened (and any local ordinances) are or may be relevant, but you didn't say where this happened.  A couple things to keep in mind:  First, old brick sidewalks cannot reasonably be expected to be smooth.  Second, the restaurant may argue that your husband wasn't exercising due care for his own safety.  If the brick on which your husband tripped was so uneven a to cause him to trip, why wouldn't he have noticed it?  People do trip and fall now and then.  That doesn't mean it's always someone's fault.

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My  neither,my self,our children nor my husband,  noticed the bricks were like a hooved up wave.  He is the one that was unlucky and tripped.  Do you really think an 80 year old man would fall and hit his head on the point of a brick for fun? Spending 6 hrs in ER was not fun either.  We get to see our children two times a year and we had to go through this.  This sidewalk has been neglected for some time.  Like two years.  Our friend is around 70yrs and lives in the historical village but cannot go to the restaurant to eat because he cannot navigate the hooved up bricks in front of the restaurant with his walker.  Isn't there such a thing as handicapped and elderly

friendly? In Ohio, most businesses comply with ADA standards.  This guy thinks he is above the law.  The historical foundation of the village told him to fix the sidewalk, the city told him he was breaking an ordinance but he still does not comply.  Others have tripped there.  He is responsible for that sidewalk and I have copies of the letters sent to him.  If my 80 yr old female friend has to keep her sidewalk in reasonable repair what makes him above the law? 

As I stated, my husband fell on his sidewalk and hit his head on a brick, how would you like to have the point of a brick hit your head? I feel we cannot afford a lawsuit unless it is taken on contingency basis. 

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Do you really think an 80 year old man would fall and hit his head on the point of a brick for fun? 

 

What a silly question.  If that's what you think any part of my prior response was implying, then your reading comprehension skills are lacking.

 

The rest of your questions appear to be rhetorical.

 

 

 

I feel we cannot afford a lawsuit unless it is taken on contingency basis. 

 

Personal injury lawsuits are almost always handled on contingency.

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