Legal Question in Personal Injury in New York
How to seek compensation for lost wages due to personal injury?
On 5/31/06, I slipped and fell at a friend's house on a painted concrete floor. I slipped and fell on this floor when it became wet from weather and wet feet. I slipped, twisted, fell and broke both bones of my lower left leg, requiring surgery. I was collecting unemployment at the time and now that has been stopped. I now have no income and wonder if this is something her homeowners insurance will cover. There was nothing on the floor causing my fall other than it being slippery when wet. The homeowner was not aware of this condition at the time of my fall. Please advise.
3 Answers from Attorneys
Re: How to seek compensation for lost wages due to personal injury?
Its not whether the homeowner knew the floor was wet but whether the floor actually was wet (actual notice) long enough for the homeowner to have discovered the dangerous condition and remedy it (constructive notice). It all depends on how the water got in. A homeowner has a duty to prevent a large accumulation of water from getting on the floor, even during a storm. One important quesiton is whether you fell on a small patch of water or whether the entire floor was wet. I handle lots of cases like this and would be happy to discuss it with you. We handle these cases on a contigency basis.
Re: How to seek compensation for lost wages due to personal injury?
This is not like no-fault. You need to retain an attorney an bring an action.
Re: How to seek compensation for lost wages due to personal injury?
You may ultimately be able to recover from your friend's homeowners insurance policy. First of all, a formal claim should be made. That policy may have what is called a "med pay" provision which would reimburse you for medical expenses. In terms of lost wages and other damages you would have to make a claim and show some degree of liability on the part of the homeowner. Your fact pattern raises a number of interesting questions regarding proof and fault which should be discussed with an attorney. This is an area of law that I regularly handle and would be happy to discuss this further with you. Please feel free to contact me at your convenience should you wish to do so.
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