QUESTION
Can I file a lawsuit against the hospital when I fell and got injured on the hospital door?
Asked on Apr 14th, 2014 on Personal Injury - New York
More details to this question:
I was visiting a friend of mine, came in the door and right inside the door was a chair so my foot went under it and I fell backward and hit my head on the wall. The nurses ran into the room asking me if I wanted to go to the emergency room and I did go because I was in pain. I have a Harrington rod in my spine and had surgery. I wore a Harrington rod and body cast for 9 months. When I fell I did not think I would be in so much pain. Now I cannot even stand long enough to wash dishes. My life has changed, I am in pain all the time and I go to pain management for injections. I do get Medicare. I need a way to get to the doctor. Do I have any chance?
7 ANSWERS
Ronald A. Steinberg
Who put the chair there? Did the hospital know about it before you arrived?
Answered on Apr 16th, 2014 at 8:44 AM
Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim comparative fault, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on the question of fault.
Answered on Apr 15th, 2014 at 8:56 PM
Personal Injury Attorney serving Kent, WA
at
Law Offices of Wayne J. Wimer, Inc. P.S.
Update Your Profile
If the hospital knew or should have known of the hazardous condition, and had sufficient time to remedy the condition, then you may have a viable case.
Answered on Apr 15th, 2014 at 3:28 PM
James Eugene Hasser
It depends on whether the chair being right inside created a dangerous condition which the hospital knew or should have known about and whether the condition was open and obvious to you.
Answered on Apr 15th, 2014 at 2:57 PM
Thomas Edward Gates
You need to retain a personal injury attorney. While investigation of the reason why the chair was there, you have a basis for proceeding with your claim against the hospital.
Answered on Apr 15th, 2014 at 2:57 PM
You should contact an experienced personal injury lawyer right away for an evaluation of your claim. You may have a claim depending on the facts of your case if your fall was less than two years ago. Most injury attorneys offer a free initial consultation and will take a qualified case on a contingency basis, which means you will not have to pay anything out of pocket unless you receive money for your claim.
Answered on Apr 15th, 2014 at 1:32 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
You would have to show that hospital personnel put the chair there or that they knew it was there and that they had reason to believe it was a hazard. Not impossible, but probably difficult.
Answered on Apr 15th, 2014 at 1:11 PM