Slip And Fall Legal Questions

The building management compnaies (if the parking lot was part of a shopping center or commerical building) are usualy the one respsonble for maintaining the parking facilites.  You say the walking surface was "community".  That definition could have a number of meanings....It could mean that an HOA is resposnbile for thier upkeep or any number of individuals or companies depending on the particualr facts. Once you determine who is legally or contractually respsonsible for maintaining the sidewalk, you would talk to them.  Normally, you could make a claim for any damages you may have suffered against any insuance they might have for such enventualites.  If there is no insuance, you may have to seek compenstation thruohg some other means.  ... Read More

It would be wise to preserve photos of the scene, your body and store away your footwear. Seek appropriate medical care.  You should contact a Personal Injury Attorney as soon as possible to review all facts and circumstances-especially details regarding the dangerous condition which caused your injury- and hopefully obtain representation. If there is a dangerous condition that caused your fall, resulting in a significant injury, a Personal Injury attorney can investigate this matter and determine all possible responsible parties rather than you pursue this on your own.  A Personal Injury attorney experienced in handling Slip/Trip and Fall cases can guide and advise you and evaluate your claim. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. There are requirements to follow and statutory deadlines, so do not delay so a notification to preserve any video evidence may be sent timely and not to potentially prejudice your rights.... Read More

Mr. Myers, so sorry to hear what happened to your mother. Whether your mother has a case will depend on whether the gas station had notice of the urine on which she slipped, i.e. that it either knew about it or, in the exercise of reasoanble care, should known about it and failed to clean it up.  Unfortunately, unless your mother suffered a serious, permanent injury, the indignity of sitting in a puddle of urine for 30-40 minutes might not justify the time and expense of a lawsuit.  You'd be better off reporting the incident to the gas station's owner and/or Sunoco corporate and see if they might be willing to compensate your mother for what she went through. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More

You might have been able to make a claim at the time of the accident depending on the defect in the sidewalk. However, the statute of limitation in Connecticut is 2 years from the date of injury. So even if your injury occured at the end of June, you are roughly 4 months and 4 days past the end of your statute of limitations.  Furthermore, if this sidewalk belonged to the municipality, your SOL is even shorter.  There is such a thing as tolling of statute of limitations in rare circumstances but based on what you are providing,  I find it highly unlikely?  Please feel free to contact me for more information. 203-870-6700... Read More

You will need to win a lawsuit against him before you can collect any money from him for your injury.  I work with these types of cases and would be willing to talk with you to help you determine whether you may have a case worth pursuing, or you can use the information that you find her to contact another attorney.... Read More

You would need to retain counsel in the state of Maine. Additionally, you would have to prove that the restaurant was negligent in causing your injuries. Hopefully you took some pictures of the area that showed that there was improper lighting or lack of hand rails or defective steps or other evidence of the restaurants negligence.... Read More

He obviously claims he DID examine those items if he reported them working fine. Not sure what the question is - but if yo are looking to sue the inspector you will need to prove they were broken when he looked them and didn't note the defect. Its a pretty good bet that the inspection did not include the appliances, as most don't, unless specifically requested and charged for same. You will need to hire a lawyer to make a claim om his E&O policy. ... Read More

Increasingly, alot of lawsuits for personal injuries against resorts in Jamaica are being filed in Federal court in the USA. You should have a consultation with an attorney to discuss the language in the booking reservation itinerary to see if there is a forum selection clause to resolve disputes ariing from injuries occuring on the resort property.  ... Read More

So if your brother was a resident of the home, he may be an insured under the policy, such that if his negligence caused or contributed to your dad's death, then the insurance company Would most likely be a source of recovery. If your brother was not a resident and thus possibly not insured under the homeowners policy, then it would be more complicated. Now if your brother was not insured under the policy, perhaps because he did not live there, but your brother owned a house of his own, then that insurance policy may be a source of recovery depending on the policy language. However all of this is speculation until more facts are known, such that a full analysis can be explored. You need to retain counsel to investigate all of the facts of the case to make a determination. What state did this happen in?   ... Read More

Unrepresented parties are not taken seriously by insurance companies. Additionally, there's a subrogation lien on your settlement proceeds by any medical provider the treats you arising out of these injuries. Those liens need to be paid. Did you suffer any injuries? Did you Seek medical attention?... Read More

You need to go back to the store immediately and take a photograph, actually take numerous photographs of the location where you fell. Photographs will show if there was anything defective about the sidewalk that put the store owner on actual or constructive notice that that area needed repairs to prevent an accident like the kind you suffered. I would do this immediately because otherwise they may repair it and then you won't have any evidence to show that they were negligent.... Read More

Hello Victoria, yes you may have a case for your mother. What you should do immediately is to go and take pictures many pictures from different angles at the very specific location where mom fell. Retain counsel on contingency fee, which means you don't pay anything unless mom wins the case.... Read More

If your father's death resulted from the negligence of a third-party, then you can bring a lawsuit against that third-party and collect damages for your losses. There is a statute of limitations that applies to these cases so you should take immediate steps to retain counsel. Some counsel take these cases on contingency fee, which means that you do not pay anything unless there is a successful recovery.... Read More

The answer is probably yes; however, what was the reason for the water on the floor at the entry. For example, was it raining? Then you would need to know how long the water was there before the staff knew about the water.   If the staff knew the water was there and they did not put out signage to be careful or clean it up, your premises liability case becomes stronger.  The longer the staff knew the water was there and did nothing, the stronger your case becomes.  Howevrer, if the water was on the floor for a very short period of time and no one knew about, your case becomes weaker. When it comes to a primises liability case, you are going to need to show damages.  If you are in pain, yes, go see a doctor.  If you do not have a documented injury, your case becomes weaker.  If you purse a case, your doctor's report will become evidence to document your injury and determine damages.    ... Read More

Sorry to hear about what happened to your husband.  As operator of the hotel, Marriott was under a duty to maintain the premises in a reasonably safe condition and to repair any dangerous conditions thereon of which it had notice, in your case the dishwasher from the adjacent room.  That said, Marriott is under no obligation to pay you for your husband's pain and suffering and economic loss.  It is only obligated to pay a judgment entered against it.  And the only way to obtain a judgment against Marriott is by filing an actual lawsuit.  Unfortunately, even though Marriott is a domestic corporation, any such lawsuit would likely need to be filed in Aruba.   Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/  ... Read More

Sorry to hear about your fall.  A property owner has a duty to maintain its premises in a reasonably safe condition and is only responsible for injuries caused by dangerous conditions it either created, knew about or, in the exercise of reasoanble care, should have known about.  If your fall occurred outside because the ground was wet from the weather, you would not have a case.  If your fall took place inside the store, you might have the case if Walmart either knew about the wet floor condition or should have known about it and failed to clean it up (such as if the floor was wet for an appreciable length of time.  And a case would only make sense in the event that you suffered an actual physical injury. Hope this helps. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More

A property owner has a non-delegable duty to maintain his property in a reasonably safe condition and is responsible for injuries caused by dangerous conditions thereon about which it either knew or should have known.  If your neighbor brings a lawsuit against you, your friend (the homeowner) would arguably be liable as she owns the property.  Find out if your friend (the  landlord) has homeowner's insurance.  If you get sued you should report it to theat insurance carrier immediately.  Likewise, if you have renter's insurance, report any any summons or claim letter you receive.   Best regards,    Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More

Dear Bill, I am sorry to hear about your slip and fall and resulting injuries and hope it is not serious. Head injuries are not to be taken lightly. General advice: take/preserve photos. Report incident. Seek appropriate medical care. Slip and fall cases/law is actually fairly tricky with a scenario as you describe. Contact a Personal Injury Attorney as soon as possible to review all facts and circumstances-especially details regarding the dangerous condition which caused your injury- and hopefully obtain representation, rather than pursuing this on your own. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum.      ... Read More