Legal Question in Personal Injury in New York
Slip and Fall
I am an absentee property owner of a single family home in NYC. The overgrown roots from a city tree raised a section of the public sidewalk. John Doe allegedly tripped, fell, and sustained injuries. Ensuing litigation is against three parties: the City, the insurance company, and myself. Since the amount of said suit is far greater than my homeowners insurance liability - making it financially unpayable, what is my real exposure and who are the heavy hitting defense lawyers in this area? Does a jury always try slip and fall cases?
4 Answers from Attorneys
Re: Slip and Fall
Unless you had made repairs to the sidewalk or planted the tree it is the responsibility of the NYC to maintain the sidewalk. Your insurance company will provide you with legal counsel. If there is a possibility that any judgment would exceed the policy limits you should seek private counsel to monitor the case. I can refer you to counsel who handle these types of matters.
Re: Slip and Fall
Your insurance company provides you a defense, regardless of the amount of coverage. You are responsible for the "excess" in liability, (above the policy) but usually the policy is as much as any settlement usually goes for.
These matters are usually jury trials.
Depending on where the case is pending also may help to determine the settlement.
Call with any questions 212-764-5428.
Good Luck
Re: Slip and Fall
FIRST, IT IS TOO EARLY FOR YOU TO BE WORRIED! I prosecute and defend civil cases and I can tell you from my almost 30 years of experience that trip and fall cases generally do not produce the kind of injuries that will exceed your insurance coverage. Your insurance company sent you a form letter that is required when the lawsuit documents state an amount that is above your insurance limits, but the value of the case depends upon the actual injuries. YOUR INSURANCE COMPANY MUST PROVIDE YOU WITH A FREE DEFENSE.
This does not mean that you should not take precautions. Such precautions include retaining an attorney to review the documentation being provided to your insurance company defense attorney and an occasional review of court documents. This "monitoring" provides you with independent and reliable information regarding your continuing exposure. Attorneys hired by the insurance company protect the insurance company. For them, protecting you is secondary.
Our firm specializes in litigation and can be retained on a consultant basis to provide the monitoring described above. You can arrange for an appointment by calling (212) 267-7000.
Re: Slip and Fall
Unless the injuries are truly serious, and your liability is heinous, the amount of settlement is likely to be within your policy limits. That being said, sidewalks are not always the responsibility of thr municipality and your exposure is whatever personal assets in your possession.
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.