Legal Question in Personal Injury in New York
stair fall - broken elbow
In June 2002, while helping a friend move, I fell off a portion of a stair backwards landing on my elbow. The elbow fractured and needed casting and therapy to help heal. The stair where I had fallen lacked a ballustrade with rail. This is not up to code. The building was built in 1964. The stair is original. Their was no pushing, slipping, or playing involved. As we guided a tabeltop down, gravity/momentum/balance took me down to the floor where a ballustrade/railing should have been. The fall was about 4 feet. I waited for awhile to consult with an attorney but decided against pursuing at that time. My question is, do I still have a case? Is two years too long? The elbow has not healed correctly and I have lost some ROM. There is still pain in the joint with some clicking. I waited to see how it would heal. 90% of my medical bills were paid. I was unemployed at the time of the incident. What value is there in this? Have I waited too long? Do I have a case?
3 Answers from Attorneys
Re: stair fall - broken elbow
You may have case depending if the building code applied to the premises. I can't recall off hand when the code came into existence. If its a pre-code building, the code may still apply if there were substantial upgrades made. It is not too late to pursue a case. The statute of limitations on negligence is 3 years. The case also has value. Feel free to call me at 212-622-7180 if you want to discuss your case. I handle these cases on a contingency basis.
Re: stair fall - broken elbow
First, it is NOT too late to take action on this matter. You still have about 1 year until the Statute of Limitations runs.
Was any action whatsoever taken at the time of the accident? Was any report made to the building owners? Do you know who owns the building?
Please contact me to discuss this matter further at (716) 856-4022. Thank you.
Re: stair fall - broken elbow
The good news is that you have not waited too long. The statute of limitations in New York for accidents like yours is 3 years, assuming that no municipal entity is involved (it was a privately owned building).
It is important to do a full investigation of the site (hopefully for you it still looks the same, etc.) and take action immediately.
My office is experienced in handling these types of cases and would handle the case on a contingency basis (meaning your fee is paid out of money recovered at the conclusion of the case with no money up front). Please call me toll free to discuss at (877)692-5291.
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