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Spouse Fell This Christmas 2013 On Uneven Sidewalk Of Bricks Hit His Head On Brick

spouse fell this christmas 2013 on uneven sidewalk of bricks hit his head on brick Started by sharirose78 , Mar 13 2014 06:41 PM Please log in to reply 4 replies to this topic 2 posts Posted 13 March 2014 - 06:41 PM 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 Temecula Dog Bite Lawyer 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? 58,681 posts Posted 14 March 2014 - 06:59 AM 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. I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  2 posts Posted 14 March 2014 - 09:26 AM 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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