Legal Question in Personal Injury in New York

Re: Fall at gas station

You don't need an accident report in order to sue, but you might be well advised to have an attorney send a letter to the owner of the gas station so they can put their insurance carrier on notice. This has two effects: first, the insurance company will likely investigate and possibly have an adjuster contact your attorney to discuss settlement; and second, if the owner does not report it to his insurance carrier right away, the insurance company might not defend him or insure him, and generally speaking you want to have a policy available to go after.

As for the merits of your case, the key to Premises Liability is that an owner must have had NOTICE of the defective or hazardous condition and a reasonable period of time to correct it (or make the area safe by putting up yellow caution tape, etc.). So anything you can do to find out whether there were any other incidents involving the same exact spot of broken concrete would be a plus. If the owner was made aware of the condition before your accident, you will be in good shape. There may also be "constructive notice", which means that if you can prove that the defective condition lasted for a long enough period of time prior to your accident, knowledge of its existence may be imputed to the owner. The only exception to this notice requirement is where you can prove the owner actually created the condition by him or herself.

There is nearly always an issue of comparative fault in slip and fall cases. By this I mean, the "you should have been looking where you were walking" defense. And a jury may find you are a certain percentage at fault. Other factors that may come into play include whether you have ever observed this particular defect before the day of the accident.

This is the type of situation where you would be best off speaking with an attorney so that the proper planning can be had, and you ensure that if the facts permit, you will be well prepared to make out a viable slip and fall case.

Re: Fall at gas station

Indeed you might.

Please feel free to call me for a free teelephone consult at 8458782163 as I am not in my city office today.

Good Luck

RRG

Re: Fall at gas station

You may have recourse against the gas station, depending on the extent of your injuries and depending on its cause, if the uneven concrete was a condition either created by the gas station or as a result of their failure to properly maintiain the pavement.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Re: Fall at gas station

Yes, you may bring an action for personal injury against the gas station. This type of action is commonly referred to by lawyers as a 'slip and fall'.

It would be helpful to get photographs of the pavement of the gas station before any action is filed.

The gas station has no duty to make any record of your injury, but that will have no impact on your case.

You are welcome to a consultation for no fee. Email is best to make an appointment.

Re: Fall at gas station

Please feel free to contact my office for a free consultation. I would want to know more about the extent of your injuries after your doctor appointment today, as well, as learn more about the uneven concrete that you tripped on. You can e-mail me or call (732)3703000.