Legal Question in Civil Litigation in New York

New York per se personal injury complaint
A contractor did some work on my house, he was supposed to replace the board on my entry patio leading into the house. The board was warped and sticking up about 2 inches, instead of replacing the board he put some kind of metal strip on it which didn't make any difference, the board is still sticking up. Sure enough I tripped over the board and hit my shoulder and elbow. Since than I've had an MRI on my back, CAT scan on my elbow and just came back from the emergency room due to an accumulation of fluid on my elbow. I've never had any of these problems before.

I'm considering acting per se and filing a tort complaint. I'm in New York, Saratoga County - I'm confused as to what court to file the complaint in. I believe I have the complaint properly completed but I'd love to see a copy on one actually executed, is there anyplace on the web I might look.

Thanks in advance for any help.

Asked on 12/30/07, 5:01 pm

2 Answers from Attorneys

NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

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Re: New York per se personal injury complaint

To answer your question, there are probably a few form complaints available in the NY McKinneys series under CPLR. However, I don't think you will successfully plead your claims and damages, or correctly effect service.

In addition, you had actual knowledge of the dangerous condition and they will argue contributory negligence in that you failed to take sufficient precautionary measures against injuring yourself.

Have you considered talking to a lawyer about your case? A consultation is usually free.

Answered on 12/30/07, 6:00 pm

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