LisaMJ wrote:The hospital insurance company is saying that I would have had to let them know about the problem and give them time to correct it before I fell, and if they didn't and I fell then it would be their fault.
That is where they are wrong.
They have an obligation to keep and maintain a safe area for the public and their workers, and you are part of the public.
our attorney is wanting my husband to research the sidewalk and driveway issue,
That is what you are paying the attorney for - the attorney should have their own experts, or get experts.
Generally speaking, the ADA guidelines would address that uneven surface (the rotted out wood created an uneven surface) in the parking lot and sidewalk areas, and allows only for a vertical change in level of 1/4" without edge treatment, changes in level between 1/4" and 1/2" are required to be beveled 1:2 (i.e., 1 unit of rise for 2 units of run, or 1/4" rise for 1/2" run), and changes greater than 1/2" vertical are required to comply with ramps and have a slope of not greater than 1 unit rise for 12 units run (i.e., 1" rise for 12" run).
What you found is precisely why I have never liked wood for those strips - the wood either rots out eventually or warps and sticks up (either creating a trip and fall hazard), and those wood strips are more decorative than actually serving as expansion joints as there is very little expansion or contraction to the wood.
Where are you located?