Legal Question in Personal Injury in New York
Personal Accident
A week ago, a bedroom ceiling collapsed on my brother while he was sleeping.Taken to emergency, suffered minor head injuries, no concusion, large bump no abrasion. Since then he is sufferring from headaches, blurry vision, dizziness and is totally paranoid of falling asleep. If and when he falls asleep its for short periods of time and he wakes up startled.
We live in a private residential building, that recently went thru major construction to do condo-conversion. Management has ignored many building wide and apt. related maintenance issues. Deteriating floors and leaks have been ongoing on the premises. Anyway, my brother is 35 yrs. old, accompanying our handicap mother and definitely has no insurance. Can I get mgmt. to cover his expenses? And can he pursue this legally?
5 Answers from Attorneys
Re: Personal Accident
Yes he can pursue this legally and there may be insurance to cover the medical bills. I have handled many ceiling collapse cases and would be happy to speak with you or your brother. You should take photos of the ceiling and damage if they have not already been repaired. You will want to gather proof of the leak problems in the building. In order to hold the building responsible, you need to show they had notice of the ceiling problem or caused the problem. There are other theories that may be applicable too. The tenant in the upstairs apartment may also be responsible. Hopefully they have insurance.
As for your brother's injuries, they could be serious, although its probably too soon to tell. The problems you mentioned are symptoms of traumatic brain injury. I have handled many of these cases before. Please feel free to contact me, even over the weekend. If you email me with a phone number, I will call you back.
Re: Personal Accident
Your brother may have a claim he can pursue against the condominium board and other parties. The condominium board should also have insurance that will provide a limited amount of coverage to him for medical bills - if you would like you can call for a free consultation.
Re: Personal Accident
Did you file an accident report with management?
Has your brother returned to the Emergency Room to find out why he is having problems with his vision?
Your brother may have an action against the owner of the building.
If management fails to fix a floor, leaks, etc., it is the owner who is liable.
Patricia Martin-Gibbons
Re: Personal Accident
Firstly, it sounds as if your brother should consult with a neurologist. The symptoms you describe may be related to brain or nervous system injury which warrant examination at the very least. In terms of a lawsuit, there is a distinct possibility that the collapsing ceiling is related to the construction work. If your brother's injuries are any more than a simple bump on the head and resulting abrasion, contact a lawyer. In the meanwhile, TAKE PHOTOS of the ceiling damage before it is fixed. Best, M.E. Zuller
Re: Personal Accident
You have a claim for damages against the landlord and/or management company and construction company. The question is, what is the extent of your brothers injuries. Has he treated with a doctor and is he still currently treating? Was the landlord put on notice of the defect or potential problems with the ceiling? I have many questions. Contact me, Pasquale Calcagno, Esq., at your convenience for a free legal consultation toll free at 1(800)WE-FIGHT and visit us on the web at www.1800wefight.com. We have convenient locations all over New York and look forward to fighting hard for your rights in your time of need.
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