QUESTION
I got stuck in a pothole and my toe is fractured
Asked on Jun 28th, 2019 on Slip and Fall - New York
More details to this question:
I was crossing the street to get to work right before stepping on the sidewalk my left foot got stuck in a pothole and I fell forward but my foot was stuck so my ankle and foot popped as I got up limping I notice faded orange spray paint around the hole I went to work and had to put ice on my foot to bring down the swelling a couple of days later I had severe pain and went to the doctor who says I fractured my pinky toe and I also have a bruise on my ankle can I sue
1 ANSWER
Automobile Accidents Attorney serving New York, NY
Partner at
Kramer, Dunleavy & Ratchik, PLLC
4 Awards
Depends. Although municipalities are required to maintain their roadways in a reasonably safe condition, most of them have enacted prior written notice laws which requires them to have received written notice of a dangerous condition before they can be held responsible for any injuries caused by it. That there was orange spray paint around the hole suggests that the municipality received notification of the condition and was preparing to repair it. Given the strict time constraints in bringing a lawsuit against a municipality (oftentimes 90 days in which to file a notice of claim), you should contact an experienced personal injury attorney immediately if this is something you intend to pursue. You can find one in the Lawyers.com search bar. You should also take photographs of the pothole before it gets repaired or filled.
Answered on Jul 03rd, 2019 at 8:43 AM