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The Law & You

Do I Sue After Stepping in a Ditch at a Carnival?

The Law & You
July 23, 2018

The Law and You

Do I Sue After Stepping in a Ditch at a Carnival?

While at a carnival, a viewer stepped in a ditch and broke his ankle. He needs surgery and won’t be able to work. He doesn’t want to sue, but is there anything he can do? Premises liability attorneys Greg Fellerman and Molly Clark explain what to do next.

Dave Kuharchik: In the midst of carnival and fair season, we’re talking tonight about an incident at one of those local events. Joining us now are attorneys Greg Fellerman and Molly Clark, who is in once again for Ed. Thank you both for being here.

Molly Clark: Thank You.

Dave: We know summer means fun, of course, but there could be some things that happen that aren’t always good. Michael in Jessup says, “I was at a carnival and stepped into a huge ditch waiting in line for a ride and broke my ankle. I did not want to pursue anything but now I have to have surgery and will be unable to work for months. Is there anything I can do?” Is there anything Michael can do given that this injury has taken a turn for the worst.

Molly: You know, Michael, there is something that you can do. This might be more of a difficult claim to prove. I hope you took pictures. Pictures are really important in situation like this. I hope you reported it to somebody. I know, an affair at a carnival, that might not be- that’s easier said than done. What you definitely want to do is document it as best as you can. I think because the hole or the ditch, where you said it was, it was in line for a ride then you have a better claim because they should have been on notice of that, known it was there, and had some warning signs or some kind of rope or tape or something up for it. I’ll let Greg talk about it a little more. I think you have a claim. You should definitely give us a call.

Greg: The safety precautions are important, especially- you’re coming in as a business invitee that the carnival site- you- the highest duty of care so those people know you’re coming. It’s foreseeable that you could encounter that ditch. Honestly, it should have been avoided. It shouldn’t happen. The other thing, I always say this, Molly’s the best at these slip and fall cases. Trip and falls, you give her a call; She can definitely help you with it, she does a great job with them.

Dave: If you want to do that, it’s really easy to contact the office. The phone number’s easy to remember, the web-site on the bottom of your screen and, most importantly, don’t forget results matter with attorneys Greg Fellerman and Molly Clark. Thank you both for being here.

Molly: Thanks.

Greg: Thanks Dave.

Dave: To reach the office or get a question here on “The Law & You” you could give then a call, go to or call “The Law & You” hotline.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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