If there was no accident and no injuries, then there are no damages and therefore no reason to sue. Very fortunate no one was hurt! Had there been an accident, it would depend on the specific circumstances and one would need to consult a lawyer--for example, one might ask did the dog have a history of running in the street, what are the local leash laws, was the woman speeding or driving recklessly, etc.
My office has handled many if these cases. Much of what was said before is correct. The bottom line: THESE CASES ARE VERY DIFFICULT ...many are lost and some are successful . The cases will simply turn on what the property owner knew or should have known. Visit my website at eglaw.com and see all that we have written about New York slip and fall cases.
Slip and fall cases maybe some of the most difficult. While I can appreciate the situation you are in you may not have any legal claim. In a nutshell in order to prevail on a case like yours you would need to show that the water you slipped on was there for an unreasonably long time or the store owner created the condition. That may be more difficult to prove than you might expect. Most of the time it requires testimony that the water was there for hours before your fall. You should to the Dr....
That would be the most practical response. I don't know of any lawyer that would handle the case for you so you are left with trying to deal with it on your own. You will probably settle with the insurance company in court.
In your case, there may have been violations pursuent to local and even state building codes, which may be used as evidence to prove negligence against the owner of the property. Also, it is important to seek medical attention for your injury and get documentation.
Only a lawyer who understands these types of cases will be able to determine whether there have been any violations, so it is important to seek legal advice immediately.
I agree with everything that has been said and just want to add that if you ultimately think you do want to switch attorneys, this is a right you have and there will not be any extra fees or costs to you. The new attorney will need to agree to work from your original retainer agreement and then work out how to split the fees with the first attorney. We've written a free booklet on this subject which you can download from the link below.
Do not do anything without talking to a lawyer. You probably wont have to spend a lot on legal fees but considering what you spent on a franchise do yourself a favor and spend a little more. A number of franchise owners go under. What does your agreement say about selling the business? Have you spoken to the franchise developer? What are they saying about your financial issues? Rent can only be part of bankruptcy if it is in the corp. name that is filing for bankruptcy.Most of the time once you...
Maybe. It depends on how the child was hurt. School cases are difficult but with a lawyer that has handled these matters you might be able to substantiate some negligence on the part of the school. Since these matters are difficult you should consider asking the school if they have a medical policy for the students that are hurt on their property.
In all probability the house is owned by the party that owns the halfway house. Even if its owned by somebody else I dont see it. What could the owner have done? On the other hand its possible that whoever runs the house maybe responsible if this person had prior vicious attacks. If this was a sudden attack with no warning how could it have been prevented. With the facts that you laid out Im far from convinced that you have any legal claim. You might be entitled to a worker's compensation since...
Theresa, There may be some case but it would be important to know what the incident report states. Most lawyers will not hire a pathologist to do an independent autopsy. I think it would be important to know in addition to what the other lawyer said would be what your stepson was in for, how long he was in for, what his record was and who were his next of kin(Did he have a wife and/or children)..This is a very difficult time for your family. May you find peace at this unfortunate time.