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About a month ago I fell from a broken chair at a bar. I have nothing broken but I'm still in pain, what can I do?

New York, NY |

I have seen doctors and they recommend give it another month. They recommended yoga, the hotel refuses to pay. They so far have paid for some doctors. I have had to pay from my pocket and they take almost a month to reimburse me.

Attorney Answers 5


  1. Follow doctors' instructions and hire a local personal injury lawyer ASAP. Stop talking to the hotel and its claims people.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  2. Yoga? What kind of doctor is that? You need a neurological consultation, orthopedic consultation, and MRI's at this point to make a clinical or differential diagnoses of your condition and come up with a proper treatment modality.


  3. You don't need Yoga, you need to consult one or more specialists to get the bottom of your medical issues and you need to retain an attorney in NY regarding a potential negligence claim against the bar owner.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  4. The four basic elements of a case are as follows: 1. Duty; 2. Breach of Duty; 3. Causation; and 4. Damages. The chair was broken. The hotel had a duty to provide safe and well maintained furniture for use of its invitees. Whether this duty was breached will depend on how long the chair was broken, what time of chair was in use, and the knowledge of the hotel and its staff. Damages refer to the injuries suffered. While some injury victims do engage in stretching, exercise, and yoga for therapy ----- it is best to treat with a qualified doctor with training in the area of traumatic injury like an orthopedist, neurologist, or pain management doctor.


  5. There are several issues here. First, in order to sucessfully sue you need to prove the bar/hotel had notice that the chair was in dangerous conditon. Second, it sounds like the bar/hotel has medical pay insurance which means it will pay your medical bills up to the policy limit regardless of whether it was negligent. However, I have never heard of yoga as a medical treatment. Ask the adjuster about the medical pay provision.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.

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