Legal Question in Personal Injury in New York
Fall on ice resulted in broken arm.
At a strip of land owned by the state - I slipped, fell and broke my arm. This property has been used by the public as a ''Park & Ride'' for 20+ years although it has no designation as such nor are there any signs warning not to park there or park at your own risk. This strip of land will periodically be plowed during the winter - apparently at the discretion of whomever is operating the plow (I don't know if it was state, city or county plow). This particular incident, it was plowed but not salted and sanded which resulted in a very slippery, flat surface which was unknown to me. I stepped from my car, walked around it and then found myself laying in the ground. My right elbow was broken. I'm right-handed. During the time my arm was in a split, I interviewed for and did not get a ''keyboard specialist'' job. Although, obviously, noone was going to say the broken arm worked against me. Also, since the break, I now have arthritis-type pain in the elbow - again, I right-handed so this is a nuisance which does occasionally necessitate my taking OTC painkillers. This strip of land is located along side a entry ramp for an interstate highway and is still being used daily as a park and ride. Do I have a case?
4 Answers from Attorneys
Re: Fall on ice resulted in broken arm.
Yes, you may have a case. An important issue initially is when did this incident occur. If in fact this strip of land was owned by the State and plowed by the State, then the statute of limitations to start an action and institute a claim is much shorter than against a non-municipal entity. It would be important to find out exactly who owns this property and who plows this property.
I would be happy to discuss this further with you to obtain additional information and provide you with your options (the consultation is free). Please feel free to contact me at your earliest convenience.
Re: Fall on ice resulted in broken arm.
Possibly...it depends on when the incident occured. There are certain statute of limitations issues that are presented.
Feel free to e-mail or phone me for a free consult.
Good Luck
RRG
Re: Fall on ice resulted in broken arm.
You could have a case and you need to be concerned about filing a notice of inention to make a claim against the State which has certain timeframes. Snow and ice cases are hard (and anyone who tells you otherwise is not being honest) but you could prevail on your facts because the law says you cannot plow snow and make the situation worse. My office handles these cases on a continency basis and we have 10 offices around NY. Please feel free to contact me.
Re: Fall on ice resulted in broken arm.
You have an excellent claim, but first must petition the court to give you an extension of time to file a 'notice of claim'. The NOC must be filed within 60 days in the State of New York in order to bring a lawsuit against the government.
It is not unlikely that the court will grant the motion since the state has not been 'prejudiced' by your lack of filing the document on time. (They will argue that they have been harmed because they cannot now find witnesses to testify to the condition of the land at the time of the accident.)
After that, you will have to show that the ice was not easy to see and the fall should have been avoided by an average person. Your own testimony is enough to establish that, with photos of the scene in the winter time.
You are welcome to a consultation for no fee. Email is best to make an appointment.
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