As the owner of a seasonal business, my fall affected me greatly. I had to have others in the company cover my employee training and office setup days. In addition, I missed important family events and am still undergoing follow up treatment. All other posts on site are marked with a bright stripe, with the exception of those at this particular entrance. My son-in-law took photos the following night of the posts at the same time/same lighting. Can I seek compensation for lost time/profits at my business?
You are entitled to compensation for your lost time from work, the lost profits from your business, as well as pain/suffering and medical expenses incurred. Property owners are required to keep their premises in reasonably safe condition. The facts you described may have resulted in a breach of that duty. The vast majority of property owners have insurance carriers to provide payment for such claims. In some circumstances, the insurance policy may cover medical bills immediately, without need for litigation. You should preserve the photographs and any other evidence collected, and meet with an attorney from our office as soon as possible to further evaluate the possibility of a claim.