New York Slip And Fall Legal Questions

Yes- you can sue your landlord, assuming you didn't agree in writing to assume responsiiblity for maintenance and repair of the stairs in question.  Your landlord is strictly liable for maintenance and upkeep of the premises, and had notice of the condition, and therefore an opportunity to repair, and failed to do so.  Unless for some reason your landlord tried to make repairs and you actively prevented the same (you don't say whether the stairs are indoors or outdoors) by failing to give access to make the repairs, which is your obligation, you can and should take legal action for money damages for pain and suffering for your injury and any lost wages.  ... Read More

You don't say whether your wife has an injury. If she wasn't injured, there's no case. If she was injured, depending on the severity of the injury and the exact circumstances leading to her fall, you might have an action against the bank if you can prove there was some negligence on the bank's part that caused your wife's injury. The statute of limitations for filing a personal injury action is three years from the date of injury ... Read More

You can absolutely switch lawyers and you should do so immediately. The failure of your attorney to communicate for two years is unacceptable and suggests that your cas was being neglected. You should have another attorney immediately look into your case to make sure your lawyer has been working on it and either way, get a new lawyet. ... Read More

If your husband was injured less than three years ago, and if a notice of claim was served on the county within 90 days after the injury or 90 days has not yet passed, and if the county either created the wet floor condition or was on notice of the wet floor before the injury occured, and your husband can prove it, and there was a witness to the accident, then yes- your husband has a good case.  ... Read More

Of course the burning question is, how did you type your question with both of your arms in casts? Your combined injuries are likely worth six figures, but the actual value depends on many factors: whether the fracture is displaced, if you have impingement, if you have a great deal of pain, how well you recover, whether you'll need one or more surgeries, whether you will be permanently unable to do certain activities or only do them with pain, and whether you will have lost wages and if so, will you be permanently unable to return to work. ... Read More

YES. You can sue for your injuries, because the landlord was aware of the problem, had a duty to repair, and failed to repair. You  have the burden of proving everything you stated, including the existence of the leak, the landlord's prior notice of it, his failure to repair it, and that you gave him access to your apartment to do so. While you can sue even though you have pre-existing injuries, the question is whether they have any significant money value. You must prove your slip and fall exacerbated the pre-existing injury, and you're not just experiencing pain or impairment only related to the preexisting injury. Your shoulder, knee and hip injuries sound new, and again, the money value of the injuries depends on their severity, permanence, and your degree of impairment. You should also be entitled to a RENT ABATEMENT for the conditions you described in your apartment.   ... Read More

Do you pictures of the sidewalk? Where was the sidewalk? For example, was it in front of a private house or apartment  building? How big was the crack? What were  the weather conditions?  Have you lost any time from work? What is the prognosis? Is there going to be any permanent damage?... Read More

If you do not file the claim within timely manner, then will be out of luck even if later change your mind. On the other hand, if you do file a claim and later decide not to proceed with it, you can always withdraw it. In other words, file the claim.  It would be a good idea to retain a lawyer who will accept the case on a contingency before you file the claim. This way the lawyer will have input on the preparation of the claim application. Received your call. Tried calling back. Left message. Did you take any photographs of the location where she fell? Can you describe the rug? For example, its size, material and whether it was attached to the  ground?    ... Read More

If you wish to pursue a claim, then a notice of claim will have to be filed within 90 days of the accident. You should consult with qualified counsel, who needs to determine the extent of your injury, what caused the accident, and whether the accident was due to negligence. Gerry Wendrovsky, Esq. www.upperwestsidelawyer.com    ... Read More