Was it my Shoelaces?

Q: In front of the store, there was an area to walk around.  While running toward the ice cream truck, I slipped and fell.  My father says that I slipped on some loose and broken pieces of asphalt.

At the hospital, my mother took a look at my shoelaces.  She remarked, “I told you to tie them better.”  I answered, “I forgot.”  Someone wrote that down.  My father says that my shoes were tied both before and immediately after the accident.

A:  A hearsay entry in a hospital record as to the happening of an injury can be admissible evidence, even if not germane to diagnosis or treatment.  This would be where the entry is inconsistent with another account that you provided – so long as there is evidence connecting you to the entry.  However, if there was nothing more to the conversation than you have told me, then there still remains ample room for your father’s theory of causation to be accepted.

In case the jury will accept your father’s theory, the storeowner will want to show that it did not create the asphalt condition, and did not have actual or constructive notice for a sufficient length of time to discover and remedy that hazard.  The storeowner’s attorney will attempt to find specific evidence as to when the promenade was last cleaned or inspected prior to your fall.  Your own attorney will be looking for evidence that the condition had existed for a long time, and even (in your best case) been the subject of complaints.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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