Legal Question in Personal Injury in New York
Slip and Fall
On April 1 I flew to NY and when I was departing off the plane we were told that we would have to use the staircase which leads us to wet outside, rather then docking us through the tunnel. There were no signs nor an announcement that the steps would be slippery but I held on to the rail with one hand I took about three steps and slipped and fell to the bottom of the steps. I dislocated my shoulder and had to be rushed to the hospital. My question is this I had reconstructive surgery about five years ago because of a dislocation. However, after surgery my shoulder has not dislocated since and I had full range of motion. I am now told that I might need surgery again and I am also being seen by my Dr. because my left hip and leg have been giving me a lot of pain as well. Would I have a valid case against the airline? They told me to submit all hospital and health related costs to their insurance but would I be entitled to anything else?
5 Answers from Attorneys
Re: Slip and Fall
It sounds like you have a potential liability case against the airline but additional facts need to be determined. If successful, you would be compensated for your pain, suffering,loss of income and permenancy of the injury. Call me if you wish. Good luck.
Re: Slip and Fall
You may be entitled to compensation for your pain and suffering, any lost wages, and out-of-pocket expenses. DO NOT SIGN ANYTHING FOR THE AIRLINE OR INSURANCE COMPANY. Whether you can recover depends largely on the facts. For example, was it raining or had it been raining? The critical question is whether there was actual notice or constructive notice that the stairs were wet. If you wish to pursue a case, you should speal with a New York lawyer who handles personal injury cases. Because this took place at an airport, you may have to file a Notice of Claim within a short period of time of the accident in order to pursue it. In addition, an investigation will have to be done to see who was responsible for the stairs, it is probably a company other than the airline. I handle these type of cases on a contingency basis. Please feel free to call me if you wish to pursue a case or want to discuss it. My number is 212-622-7180. Thank you.
Re: Slip and Fall
There are a number of issues present within your question. Legal doctrine applies to the previous
injury to isolate it from being a defense (of the airline). This being said, there may arise issues of allocating damages.
Liability issues are also present. These are fact based and must be established if you are to win.
Simply providing information in hopes of settling with the insurance company is not the best approach. You may be providing information that
lowers or eliminates your recovery.
I handle these cases on a contigency basis. The insurance company and airline has attorneys to protect their interests, you should too. Contact me for representation.
(410) 799-9002
Re: Slip and Fall
I would need more information to properly answer your question. Was your flight an international flight or a flight from Maryland to New York. The Warsaw Convention applies to international flights, including embarking and disembarking. Further, the staircase may have been controlled by another entity, such as the Port Authority or a skycap/security company. It sounds like you have a valid case, but whetehr it is strictly against the airline or not is another issue. In NY, even if you were equal or more at fault than the otehr defendants you can still recover. For that reason, in light of your injuries, your claim is worth pursuing. Weather related conditions are outside the control of any of us. However, the decision to disembark outside may have contributed to your injuries, as did the failure of anyone to assist passengers down the staircase.
If Imy office can provide any information to you, please let me know. We offer free consultations, in person, by phone, or via e-mail. We have offices in Manhattan and northern New Jersey.
Re: Slip and Fall
In a personal injury action against the airline, the airport and everyone else involved, you could claims damages for your pain and suffering, lost wages, as well as your medical expenses.
You should act quickly because you may need to file a notice of claim against the airport.
Daniel Clement