QUESTION
Do I have a case if I fell on the street in my town?
Asked on Nov 07th, 2012 on Personal Injury - New York
More details to this question:
It was cracked and has water on the sidewalk. I tore three ligaments and dislocated my knee. I won’t be able to work full time for about a year. I have two children with a deceased baby father.
14 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Possibly if the condition of the road was dangerous and the town knew about it.
Answered on Nov 12th, 2012 at 4:06 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You must meet with an experienced attorney immediately. There are very short time limits on the notice you have to give in order to pursue a lawsuit successfully
Answered on Nov 09th, 2012 at 12:08 PM
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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Yes, the municipality is responsible for injuries caused by a dangerous condition of property that it owns and maintains, except for some circs. You need to make a claim before suing, to satisfy the tort claims act, and once you get a right to sue letter, you may sue.? If you don't get one, that means you are getting it handled through the town's own procedures, but most likely you'll get the letter. When you sue, you seek compensation for doctor bills, medication, lost wages (past and future), ruined clothing, whatever was damaged as a result of the dangerous condition.? Oh, and pain and suffering.? Of course, you'll need to prove everything before any judge or jury is going to award you anything. If you can, take photos of the street, lots of photos, as well as photos of your injuries, if they're visible.? Get all your proof of medical bills and lost work together, and go see a personal injury lawyer right away.? There is a short time to make the claim to the municipality. Good luck, and get better soon. This general response is based on very limited information and cannot be considered legal advice, merely a general statement of principles.? No attorney-client relationship is intended or created.
Answered on Nov 09th, 2012 at 6:05 AM
Ronald A. Steinberg
Under Michigan law, unless you fell in a cross walk, there is no case. In addition, Michigan requires the height difference to be at least 2 inches or it is not considered "hazardous." Lastly, you may be partly at fault for your accident if you were not paying attention to where you were going, and the defect was visible.
Answered on Nov 09th, 2012 at 5:59 AM
It would depend on the size of the crack. I would take pictures and use a ruler to show how deep the crack is. In addition you have 6 months from the date of your injury to file a claim with the city which was responsible for the sidewalk.
Answered on Nov 09th, 2012 at 5:39 AM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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There are not enough facts here to answer your question. You should speak with a personal injury where you live.
Answered on Nov 08th, 2012 at 1:22 PM
Personal Injury Attorney serving Blackfoot, ID
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Baker & Harris
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Whether the injured person has a claim against the city will depend on several pieces of information not provided. The injured person should consult with a lawyer.
Answered on Nov 08th, 2012 at 1:21 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have 2 major problems. If the damage was "open and obvious" (if you should have seen it if you looked where you were going) you lose. The city is immune from suit unless it has obtained insurance against such things. It may. It may not have. Get proper medical care and present yourt claim to the city attorney or to the city office which handles city claims (call city hall for info)
Answered on Nov 08th, 2012 at 1:20 PM
You should contact your town's legal office to initiate a complaint for damages to be compensated for your injuries.
Answered on Nov 08th, 2012 at 1:19 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Too complicated to answer. You need to sit down with someone. There are prior written notice requirements and 90 day time frames. Don't wait.
Answered on Nov 08th, 2012 at 1:19 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Each case is different. Take a tape measure and digital camera to the crack. Lay the tape along the crack, across the crack, and into the crack. Take a few longer shots to show the sidewalk leading to and following the crack. Send the pictures for me to evaluate. Get the street address or intersection information so google maps can be used to look at the general layout of the street.
Answered on Nov 08th, 2012 at 1:18 PM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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Very difficult to pursue those cases any longer, but it is so dependent on the particular facts of the premises. Do you have pictures? How did you fall? Because of the crack? Did you slip on the water? If you are interested in having someone evaluate it, contact an attorney right away. Note that there is a three-year deadline (beginning on the date of your fall) by which you have to have filed your lawsuit.
Answered on Nov 08th, 2012 at 1:18 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Unfortunately, the only answer I can give is "maybe". Sidewalk cases can be surprisingly involved. In order to make a claim against a property owner the injured party has to show that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action. For public sidewalks, most municipalities have a law that says that in order to make a claim, there must be written notice of the defective condition before the accident happens. But, many municipalities also have a law that says that the adjacent property owner has to keep the adjoining sidewalk in good repair.
Answered on Nov 08th, 2012 at 1:17 PM
Personal Injury Attorney serving Raleigh, NC
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Maginnis Howard
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It is very possible that you would if the town knew of the condition and failed to correct it. As there could be contributory negligence issues, I would recommend contacting a personal injury attorney with experience handling cases against municipalities.
Answered on Nov 08th, 2012 at 1:17 PM