Passed out hit ground at subway station.My foot was by booth over hang my ankle broke in 3places. Any legal recourse

July 21, 2014

Question

not sure why I passed out, healthy indiv. went to ER, had chest tests and blood work, but nothing was found as a cause. token booth has a over hang at bottom like lower kitchen cabinets, I'm wondering if the overhang was not there, would my foot have been broken. it seems the overhang, caused my foot in sneaker to twist and break. once I was seated up, my foot was under the over hang on its side

Answer

You passed out, so you remember your foot catching in something? It's a bit of a stretch. Absent a witness statement attributing your injury to this "booth overhang" (whatever that is), anyone thinking of awarding you compensation would have to look past the fact that you simply fainted, and hurt yourself. Was the "booth overhang" a trap for the unwary, or did you just faint? Are you on medication currently? You're awareness of your surroundings is going to be in issue. Unless you have a pic of a "dangerous condition" that caused injury to you, in my opinion you'd have an unphill battle proving the Transit Authority's negligence caused this.

Online answers to questions do not create an attorney-client relationship. There is no attorney-client relationship without a signed retainer agreement.

See All Questions & Answers