Legal Question in Personal Injury in New York

Re: Slip and Fall while pregnant

If you have a lease you can't be evicted as the result of a lawsuit.

The landlord's insurance company will defend it anyway, and if the landlord tried to evict you they would have to bring an action in landlord /tenant court to justify it. You could then explain it was in retaliation, and show your lease.

Re: Slip and Fall while pregnant

The landlord cannot evict you because you start a lawsuit. However, there are some tactical considerations to think about. The key issue in your case will be the issue of whether your landlord had notice of the scalding water problem. Unless there is written notice (a letter of complaint or something like that), the landlord will likely deny that you ever notified him. Thus, if I were your lawyer, I would try to have you secretly tape record a conversation about your accident and try to get the landlord to acknowledge that you had previously complained. We handled these type cases on a regular basis (both in New York City and upstate) and we work on a contingency basis. Please feel free to call me at 212-622-7180 if you wish to discuss you case.

Re: Slip and Fall while pregnant

I would not suggest contacting the landlord. Although minor injury cases can often be resolved without the involvement of a lawyer, serious injuries like yours should be handled by an attorney. It is not uncommon that a landlord will act in a retaliatory manner after notification of a claim. However, if your lawyer notifies him of the accident, advises him to notify his insurance carrier, and warns him that any retaliatory action, such as raising rent, attempting to evict, etc., will be dealt with seriously, your rights will be protected.

I have offices in Manhattan, Goshen, and Northern New Jersey, and am available to speak with your further. I handle serious accident cases throughout NY and NJ. My toll free number is 201-784-5140. Information on my practice is available at www.BergenLaw.com Good luck to you.

Re: Slip and Fall while pregnant

It is generally not a good idea to give advance warning that you intend to commence a lawsuit. This would only get the landlord to thinking about altering his records or creating records that did not previously exist. After the lawsuit is commenced, you can receive guidance from your lawyers on how to interact with the landlord.

Our office handles cases of this type of case on a contingency basis which means that we do not receive any payment unless and until we receive money for you. Please visit our web site at www.VeneziaLawFirm.com. Please feel free to call Mr. Venezia at 212-267-7000.

Re: Slip and Fall while pregnant

You cannot be legally evicted just because you start a lawsuit against your landlord. Was your landlord notified about your injuries when you fell? Has there been any follow up. If you would like, I am interested in talking to you about your situation.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Re: Slip and Fall while pregnant

Notice, which you have given the lanlord, is a crucial matter.

Next, there is no need to tell the landlord anything of your intentions.

Third, you have 3 years from the date of the incident in which to file a lawsuit, althought I would not recommend that long a wait.

There is a thing in the law called a retaliatory eviction to protect you.

Feel free to call me and dicuss this matter at your convenience. 212-764-5428

Good Luck

RRG