I fell and tripped in a public parking lot that was poorly lit. Is the parking lot owner responsible or liabile at all?
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I was attending a homecoming football game at my alma mater, the University of Indiana. The parking lot stairwell was poorly lit and I stumbled on a stair. I fell awkwardly and broke my ankle badly. I’ve already had one surgery on my ankle, and I’m told I could need another two to fix it completely. Can I sue the university, or are they exempt because they are a public university?
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The Indiana Tort Claims Act does restrict many lawsuits against the state and its agencies or organizations, but it does not appear to prevent a lawsuit for a slip and fall on a stairway, occurring due to improper lighting.
However, even though the state and its university are not exempt from lawsuits for a public injury of this type, the Tort Claims Act puts a number of restrictions or limitations on how you can bring a lawsuit, including how long you have to commence the action and the type of notice you need to provide the state of your intention to sue. It also specifies certain claim forms that you must use. You should consult with an attorney, one with experience suing the state, immediately, so as to not be barred from suing owing to the passage of time.
Indeed, since every state will have its own version of Indiana’s Tort Claims Act, a good rule of thumb when contemplating suing any government, or government body or agency, is to get an experienced attorney involved in the matter as soon as possible. Suing the state is always more complex than suing a private party.
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Posted by Christy Rakoczy on 05 Apr 2010
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