Question

fall in a ditch

Asked 21 July 2009 · 1 answer

The question

On June 22, 2007 I fell into a ditch created by the pool company that was installing my pool

The pool company started construction before permits were issued and the county red taged the construction. Upon inspection, our pool had to be relocated because of property setbacks. So they had to refill the previous ditches.

The pool engineer was here trying to find our property corner stakes. There were so many ditches,I didn't know where they all were and was not aware of how deep they were. My husband was following their constuction not me. My husband had just had surgery so I was leaving to go to the hospital. Brad(Pool Engineer) knocked on the door and wanted me to come out and show him the corner post. I pointed to the direction and explained I was in a hurry to go to the hospital. He pleaded with me to please come out and show him the corner post. I explained I didn't know exactly and my husband wasn't here. Again he asked me to come out and point in the direction. So I did go out and to try and point to the corner and fell in one of their ditches. I had no idea where and how deep it was. I fell to the bottom of the ditch. I severely

sprained my ankle. This person was fired by the company a couple of days later.

I first went to my sons office,he is a therapist, and he got me

right in to the doctor. The doctor x-rayed my ankle and put me in a walking boot. He also called

ahead to the hospital for the therapist there to ice my ankle while I was visiting my husband.

Since I was unable to put any weight on my foot I had to use crutches and a walker. My ankle

wasn't broken but it was so severly sprained, I was unable to put any weight on it for 6

weeks. When the swelling went down a little, the doctor x-rayed again looking for maybe a

stress fracture, because it wasn't healing properly, he told me then my injury was called RSD.

He then sent me to therapy and I went for six weeks, three times a week. The doctor then

decided to send me for an arthoscopy MRI to see if there was another reason for the swelling and pain.

Nothing showed on the MRI but it was very painful experience. He then sent me to a pain

clinic and the PA there said maybe it would be good to put me on lyrica and lidocane patches. The medications could possibilly cause more complications so I didn't want more medications with so I did use the lidocane patches.

I still use them but they burn and cause red marks on my leg so I try not to use them too much. I have darvocet from a previous injury so he said

continue to use that for this pain as well. I take those more often than I was taking them.

At night when the pain gets to intense I have to go to bed and raise my leg. I have a ajustable bed now to help with that. In the middle of the night I have leg pain so severe it wakes me up and I have to get up and move. My akle stays swollen and painful. I do try to continue with my life to do the things I want to do. I then pay the price later. I wear an ankle brace mostly because

if do too much walking or moving around I get the sharp shooting pains in my ankle. I had an

attorney that filed my case and did not proceed with anything so I need a new attoney to represent me.

From the LawyerCentral forum archive. Originally posted 21 July 2009 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 28 December 2009

It sounds like this accident has caused you a lot of stress, as well as the cost for all your medical expenses. If your original attorney isn't pursuing the case, maybe you should try speaking to another lawyer to see if he or she will take you on as a client. I'm not sure if premises liability law would apply here since you fell on your own property, but if the pool company failed to adequately mark where the ditches were, maybe there is a chance that they can be held liable? I'm not really sure, but it seems like you have nothing to lose by at least trying to contact another attorney in your area. Hope you are able to get this all resolved, good luck.

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