Legal Question in Personal Injury in New York

tripped over uneven pavement at outdoor restuarant

At an outdoor restuarant. I got up from the table. My foot got caught on a higher level of pavement that the chair, I was sitting on, was on. I went careening across the brick pavement, trying to catch my balance, to no avail. I landed extremely hard on my right elbow on the ground and my head on the brick building nearby. The manager of the building was immediately notified and came over to the scene. I had managed to get up on my own accord. He asked me if I was alright. I told him just bruised and that I would be ok. My elbow was skinned, swollen and also turning black and blue already. He had me sit down and got me an ice pack. After checking the spot where I had tripped, he called for the grounds maintenance supervisor to come over. He said to the supervisor,(in so many words) '' This was supposed to be fixed, how come it didn't get done yet?'' They both kept asking me if I was ok and did I want to go the the hospital to get checked out. I was too embarrased to go. I went to my own doctor and had xrays taken because I still have a lump in my elbow and it is very painful to touch or rest on anything. As of now, it is still very painful. Would I be able to get any compensation?


Asked on 5/11/03, 9:07 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: tripped over uneven pavement at outdoor restuarant

Yes. You should contact an attorney.

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Answered on 5/11/03, 9:41 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: tripped over uneven pavement at outdoor restuarant

this is a classic lawsuit. we lawyers call it a 'slip and fall case'. the only negative is the lack of substantial damages. the lack of substantial damages prevents you from winning millions of dollars in a successful lawsuit. HOWEVER, that does not mean you should not get your medical expenses and, if you are adamant, something for your pain from the restaurant. this is not a big lawsuit, but you should get your medical expenses reimbursed. you are welcome to a consultation at no charge at my offices at 42 west 44th st, ny,ny. please call for an appointment . 646-591-5786.

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Answered on 5/11/03, 10:39 pm


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