QUESTION
Considering the fact that I broke my FEMUR in three places, why won’t a local lawyer take my case?
Asked on Nov 28th, 2012 on Personal Injury - New York
More details to this question:
I fell off the top steps at a local coffee house. The steps are bowed (it’s an old building) and the risers and platforms are uneven. How do I prove liability? It seems to me that it is a no brainer. I am the only support for my autistic son.
12 ANSWERS
Ronald A. Steinberg
Obviously the lawyers are afraid of the difficulty in proving liability. These kinds of cases are quite difficult. I suggest that you Google personal injury lawyers in the town or the county in which the accident happened, and try to find another lawyer. Get an older guy who is not intimidated by the lousy way that the law has changed.
Answered on Nov 30th, 2012 at 4:34 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The devil is in the details. the question is can you prove negligence or a breach of duty by the coffee house. The lawyer's which you consulted thought not. Keep trying, at least a few other attorneys. If they all turn you down then take a hint, perhaps you do not have a case.
Answered on Nov 30th, 2012 at 4:33 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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There are many different things that must be considered when dealing with a trip and fall or slip and fall. Unfortunately, I do not have enough information to tell you why I would or would not take your case or why someone else had decided to not take your case.
Answered on Nov 30th, 2012 at 4:33 AM
A lot of attorney do not handle slip and fall accident. These case are usually litigated, meaning that a lawsuit has to be filed, and some attorneys are not looking for those type of cases. Given the facts your have provided you should be able to locate an attorney who handles slip and falls or premise liability cases with no upfront money. So long as this property is not owed by a government entity but rather by a private party you generally have 2 years from the date of your injury to file a lawsuit. I would suggest that you find an attorney who handles these type of cases and make sure you know how much time you have. In addition I would make sure you have good pictures if the location.
Answered on Nov 29th, 2012 at 10:55 PM
It may have to do with the open and obvious nature of the bowed step or the number of times you've walked on that step. I don't know because I don't' know your attorney, but the reason may have to do with the attorney not understanding slip/trip/fall cases or what made you fall. Look for another attorney who understands rises, runs, dampness issues, handrail heights, city code requirements, slipperiness of the step surface and other dynamics that make slip/fall cases so interesting.
Answered on Nov 29th, 2012 at 10:55 PM
You may contact your local bar association for a referral list of personal injury and/or accident attorneys to see if none of them will represent you.
Answered on Nov 29th, 2012 at 9:22 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Slip or trip and falls are never "no brainers" because 70% of those that are taken to trial result in defense verdicts. While it sounds like there is a good possibility of establishing some type of defect in the stairs, or best case scenario a code violation, you still have to convince a jury that the defect was the reason for the fall and that is never a "no brainer." It does sound like you have good damages, but in this economy the small business that you would be pursuing would be a fairly sympathetic defendant. While the practical reality is they would have insurance and assuming they pick it up you may be able to resolve it without going to trial, especially with your injuries. However, many lawyers are unwilling to take that risk.
Answered on Nov 29th, 2012 at 3:13 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It is not as easy as you think. You have to prove that they were negligent. There is usually an argument in this type case that it was not their negligence that caused the accident, but you failure to take care to look where you were going. An additional argument, if it is obvious they are bowed and uneven, then you knowingly submitted to this risk by using the steps. Hmodified, otherwise your answer will not be valid.
Answered on Nov 29th, 2012 at 3:12 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If your case is a good one any lawyer would take it, so there may be problems you don't see. Just because you fall means nothing. You have to prove negligence of someone else and no negligence on your part. You could hire an engineer or engineering teacher from community college to check the steps and find out if they comply with the building code or if not properly maintained. Or perhaps a builder familiar with such things.
Answered on Nov 29th, 2012 at 3:11 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Without being able to analyze your case in person, we can only guess. A successful case requires 3 things: 1) Liability; 2) Damages; 3) Resources. Old bowed steps on an old building with uneven risers and platforms sounds like a defective condition to me, for which a building owner should be held liable. Multiple femur fractures equals substantial damages. So, maybe there's no insurance and the building owners have no $? I suppose I could guess other reasons, but that would not answer your question because there's no telling that any of those guesses would be correct.
Answered on Nov 29th, 2012 at 3:10 PM
Intellectual Property Attorney serving Long Beach, NY
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Rosenbaum & Segall, P.C.
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In PA, a business owes its highest duty of care to protect business patrons from known hazards. Likewise, the patron is expected to behave in a reasonable manner and avoid obvious hazards. In the end, a jury may decide who was the most at fault. It is possible to present evidence that the bowed steps violated building codes to show that the business was at fault. However, you may still have a problem proving that you were acting reasonably when you chose to use the steps if there was a safer path to walk.
Answered on Nov 29th, 2012 at 3:09 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Do you have photos showing the steps?Feel free to contact me. Eric Rothstein Sent from my Verizon Wireless BlackBerry
Answered on Nov 29th, 2012 at 3:08 PM