In my boyfriends house he has a gate that sits on the stairs. Every time I went up stairs I had to step over this gate.

Ask your surgeon whether the gate was a cause of your problem; likely not. Good luck with your recovery.

Ask your surgeon whether the gate was a cause of your problem; likely not. Good luck with your recovery.

I am licensed in Nevada, but this answer should apply in Delaware as well. Mr. Adams is correct, it will be your duty to show that the need for surgery was caused by stepping over the gate. Did you ever discuss this with your doctor? Are there any other causes, such as a car accident or fall, that could have caused the injury and need for surgery? It will require a medical opinion "within a reasonable degree of medical probability" that the injury/surgery was caused by stepping over the gate. What this means is that the doctor would have to find that the injury/surgery was more likely than not caused by (at least in part) stepping over the gate. If it was not 100% caused by stepping over the gate, then the percentage of injury/surgery would have to be apportioned between stepping over the gate and other causes. You will also run into two other hurdles: open and obvious and assumption of the risk. Clearly, the gate was open and obvious to you and you chose to step over it. That leads to the second issue that you assumed the risk of injury by stepping over a known hazard - especially when you did so knowingly. I doubt that you have a case, but you might find an extremely aggressive attorney (or have additional facts) who will represent you in this case. Hope this helps. /s Donald Kudler http://www.capandkudler.com