Legal Question in Personal Injury in New York

Fell on ice - broke ankle

On Jan. 5, 2004, I fell on icy pavement at at a self-storage facility that I

rent. I went to the hospital and found that I had had a broken ankle. I do

not have health insurance and am facing about $2,000.00 in doctor/

hospital bills.

I beleive that the storage facility owner was negligent by not clearing the

ice from the pavement. I have yet to contact the owner of the storage

facility. I want to know if I have a case and what I should do next.

Thank you for any assistance and advice.

Scott Graber


Asked on 1/23/04, 8:45 pm

6 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: Fell on ice - broke ankle

It may have been prudent to have let them know as soon as possible about the accident. Were there any witnesses that can attest that you fell there? It is possible that the owner was indeed negligent. Were any photos taken of the accident location?

Feel free to contact me with any questions.

Good Luck

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Answered on 1/23/04, 9:36 pm
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Fell on ice - broke ankle

Certainly, you have a potential lawsuit. I must disagree with my colleague who was the first to reply to your inquiry regarding your communication with the storage facility owner. You should speak with an attorney before you do anything. If you are able to speak to an attorney very quickly, the attorney can notify the owner. Assuming that the accident was not reported at the time - a few more days will not matter. If the employees of the facility were notified or saw what happened or helped you from the ground, etc., then a different approach would be taken. Photographs or witnesses would certainly go a long way to establishing your claim, but not entirely necessary.

The facts of your case need to be reviewed by an attorney to determine the likelihood of your success (the weather conditions, the location of the accident relative to entry or exit from the facility, etc.). Cases such as this are taken on a contingency basis (the attorney gets paid only from a percentage of the award and only if there is an award).

Our firm handles such cases (please see our web site) and we would be pleased to offer you a free consultation to discuss your case.

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Answered on 1/23/04, 9:58 pm
Lawrence Simon Law Offices of Lawrence M. Simon

Re: Fell on ice - broke ankle

I believe you have a strong case, based upon your relationship with the facility. Since you broke a bone, there is no question you were hurt when you said you were. Contacting the facility on your own would have no positive purpose at this stage.

You can submit your case to my firm on line via our web site at bergenlaw.com I recently broke my left ankle, and understand what you are going through. With physical therapy, your bills would be much higher. Don't sell yourself short, you need to insure a full medical recovery.

My firm has offices in midtown Manhattan and Northern New Jersey.

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Answered on 1/23/04, 10:33 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Fell on ice - broke ankle

It's impossible to say whether or not you have a valid case based upon your anrrative. The only real answer is you may, or you may not.

Snow and ice cases are notoriously tough to win. You must prove that a Defendant had adequate notice of the condition and either failed to remedy the condition in a reasonable amount of time, or took steps to remedy the condition but did so negligently.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699

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Answered on 1/26/04, 10:08 am

Re: Fell on ice - broke ankle

The storage facility has a duty to remove the ice if it had notice of the condition and sufficient time to remove it. I am assuming that you fell inside the gates of the storage facility; if you fell on the public sidewalk, in front of the storage facility (depending where this happened), you need to file a Notice of Claim againt the municipality. My firm handles these cases on a contingency basis and please feel free to contact us to discuss your case at 212-622-7180.

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Answered on 1/24/04, 8:56 am
Andrew Frisch Morgan & Morgan, P.A.

Re: Fell on ice - broke ankle

The liability (or fault) of the storage facility owner or anyone else responsible for snow/ice removal would hinge on how long the ice had been there prior to your fall. The longer it had been there prior to your fall the stronger your case would be in regards establishing that the owner knew or should have known about the condition for a long enough time that he could have remedied the situation, yet failed to do so (a requirement of winning your case).

It is important that issues like this are resolved at the very beginning of your case, so that you can proceed with the strongest possible case.

My firm has handled thousands of cases on behalf of our seriously injured clients. If you would like to see a representative list of results we have achieved on behalf of our clients, feel free to visit our website at http://www.perecman.com.

If you'd like to contact me for a free consultation regarding your case I can be reached at (877)NYC-LAW1 or (877)692-5291 24 hours a day 7 days a week.

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Answered on 1/24/04, 10:59 am


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