Legal Question in Personal Injury in New York

five days ago a friend of mine slipped on a patch of ice and fell face first to the ground in the parking lot of a major retailer in upstate new york causing a cut to his eyelid, a bruised cheek and the lens from his eyeglasses to fall out, Is he allowed to sue for damages, or whatever?


Asked on 1/18/12, 12:10 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

He is allowed, but from what little you state, he has little chance of success.

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Answered on 1/18/12, 6:13 pm

The store, and/or property owner, has a duty to maintain the parking lot safely (look at the lease, if there is one). However, it would be necessary to show notice of the "patch" of ice for some period of time before the accident. The injuries do not sound serious enough to justify a Supreme Court case. If notice can be shown, your friend might consider Small Claims Court. Best, M. E. Zuller

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Answered on 1/19/12, 5:51 am


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