Legal Question in Personal Injury in New York
Slipped on ice
3 nights ago I was getting out of my truck and as I put my foot down, I stepped directly on a patch of frozen coffee that someone had poured out in the parking lot. I know that as I tried catching myself my neck really whipped backward. As time goes on, I am starting to have headaches/dizziness. To complicate matters, I already have herniated discs in the C section that cannot be repaired as well as spinal stenosis. My question: While this obviously wasnt the merchants' fault, as they cant control who pours a hot coffee out on the pavement in 15 degree weather; but with that said, if the headaches and dizziness doesnt go away soon I am going to go in for a scan of some type. I have insurance, but should I be the one responsible for covering deductibles on this? I find it hard to believe that I should absorb these costs...but then again, I am not an attorney.
2 Answers from Attorneys
Re: Slipped on ice
While it would be difficult to hold the owner of the parking lot responsible it's not impossible. To hold them at least comparatively liable, depending on the circumstances, you would have to prove some designation of fault. Even if there is liability, chances are the amount of liability attributable to the owner would be a small percentage.
Of course, the best thing would be to identify the person responsible for pouring the coffee on the ice.
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Re: Slipped on ice
This really depends on who owns the parking lot where the coffee was spilled, and whether they had notice of the patch of icy coffee sufficient to allow a reasonable period to do something about it.
That would also depend on the weather in general.
Your prior injuries were exacerbated by this but the general rule is you take your plaintiff as he or she already is.
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