Legal Question in Personal Injury in Pennsylvania

Re: injury and representation

Assuming there is negligence (and I need more facts, i.e. was this a staircase or in the river, is it on hotel property?), it does not sound like you have much in the way of a medically determined injury. Have you had any MRIs or other diagnostic tests. I would be happy to discuss your case with you if you'd like. We also have PA attorneys that we work with if need be.

Re: injury and representation

Under the circumstances, I would highly recommend that you make an appointment with a personal injury attorney in New York.

A primer on negligence should prove helpful: There are two essential elements of a negligence case (1) liability (i.e. fault) and (2) damages. The damages in your case are clear. Chronic sciatica can be very painful and debilitating. You are you entitled to recover money for pain and suffering. However the question of who is liable and to what extent requires much further investigation. An attorney might even have to hire an engineering expert to determine whether the condition was foreseeable and could have been prevented.

Without getting into a heavy discussion of jurisdiction and conflicts of law, a lawsuit would best be brought in Pennsylvania. However, a local New York attorney might very well be able to settle the case without commencing a lawsuit, obviating another unhappy trip to Pennsylvania.

Marshall R. Isaacs/www.attorneyisaacs.com

Re: injury and representation

You need not have a PAS attorney. You may have a NY attorney and likely bring suit here in NY...this is common.

I cannot yet tell from your post about the nature and extent of your injuries, but feel free to contact me at my main number 8782163 in the 845 area code for a free phone consultation.

Good Luck

RRG

Re: injury and representation

Slip and fall cases have a burden of proof that must be established. Liability must be proven by establishing that:

1. A dangerous condition existed,

2. That dangerous condition was the cause of the injury,

3. That the landowner had actual notice of the dangerous condition.

In law school, they use the example of a slip and fall on a banana peel. If the banana peel is green then the supermarket could not be liable, wheras if the banana peel was black indicating that the store should have been aware of it's presence. Same thing applies to icy conditions- the landowner usually has at least 24 hours before held liable for slip and falls on ice.

Your case would require an analysis of the dangerous condition, whether the Resort knew of the condition, (assuming that the area where you fell was part of the resort and on their property) Mold generally does not grow overnight so the notice requirement seems strong.

Once the liability hurdle is overcome, "Damages," must be proven. Damages are Pain and Suffering, lost income, medical expenses- (both past and future). In your case, you have not obtained a diagnosis from a doctor as to the nature and extent of the injury. Is it a bad bruise? a fracture? a disk herniation? Each has a different degree and could either be temporary or permanent. The amount of dollar damages is factored on permanancy as well as severity.

I would be interested in finding out more details, and would suggest you go to your family doctor to assess and treat the injury.

Please feel free to call me to discuss the matter.

I suggest you do not accept the offer or sign anything until you are sure of the nature and extent of the injury.

Also, so there is no misunderstanding, I will not be doing anything to represent you unless we enter into a fee agreement. You would have a choice of paying hourly or on a contingency basis (33%) should I take the case.

Yours truly,

Mark Cherry, Esq.

Re: injury and representation

Certainly some investigation and more facts would be necessary to properly evaluate your case. i would be happy to speak with you regarding this matter.

Re: injury and representation

Sounds like you have a case although you have to prove that Great Wolk knew or should have known about the slippery condition before the accident. The lawsuit can be brought in NY since you are a resident and Great Wolf probably dervies sustantial revenue from NY customers.