At 1:00, I'm doing something that I can hardly fathom. I'm pressing charges against the rock climbing facility responsible for my ankle break. Basically it's "premises liability" case; I don't want to take the place for all their worth, I just want my medical expenses paid. I gave up my job a month ago, and won't be able to work until after December. Maybe something extra for that, too.
The place should not be up and running. Where are the safety codes? I was on the beginner's section, a part were there was no matting. If they aren't going to provide a harness to secure me to the wall and from falling, there MUST be matting to soften the falls. It's if someone sold you a car, saying you'll be safe from harm, but there aren't any seat belts,...oh, and you only get half an airbag.
I did call the owner, to see if his insurance would be willing to pay what my insurance wouldn't cover, and he was less than receptive. He was not sympathetic, he was not apologetic. He actually brushed me off like an annoyance. I tried explaining what this break was to me. It's cost me my job, my mobility for three months, countless hours of sleep, a strong possibility of early-onset arthritis, and over $5,000 in medical bills. And there is a 20%-30% chance of AVN, which is a serious condition where the blood supply to the foot stops, and the bone dies. Equalling more surgeries. The talus is a super critical part of the ankle; it holds most the body's weight, and is the passageway for the ankle's blood flow. So, not only will I be paying off my accumulated student loan interest while graduate school, I'll have to be gradually paying off my medical bills, as well...all while not being able to work for six months.
This can't happen. I have to protect myself.
Anyway, I'm trying not to stress. My lawyer said that he's looked over my signed waiver and said that I have a good, good chance of winning this case. The waiver was a standard carbon-copy print-out, and said that most of these kinds of waivers are not as legally binding as one might think. I hope he's right. Wish me luck/pray for me today!
Good for you! I'm sure you weren't the first and last person who got hurt there. That place needs to understand that there are acceptable standards of safety for a reason and if they aren't willing to pay the money to fix it at the beginning then they have to pay the money to make it better later.
ReplyDeleteAnd yeah, not all those contracts are going to be binding, especially if this isn't something they contracted for. They can be negligent even if they made you "waive" your rights.
I love having a future lawyer as a friend.
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