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I am curious if the below details make a case.

Bayside, NY |

After existing my vehicle on the drivers side, I walked around to the passenger side to get my belongings, when I stepped back to close my car door my right foot went into a hole (about a foot deep) in the grass between the curb and the sidewalk and I fell backwards – there were no warning signs, or cones to block off or warn of this deep hole – I am making a doctor’s appointment due to back pain that I am experiencing now.
I have pictures to support this hole in the ground.

Attorney Answers 11

Posted

They might; but it is much more complicated than that. For example, private or public property, did you know of the hole, was the incident documented, etc. You should always consult with a qualified personal injury attorney. Good luck.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Also, you may be entitled to no-fault insurance benefits.

Posted

In addition to the liability concerns stated by Mr. Adams, you don't indicate the extent or severity of your injury. If the injury is minor or temporary, you may have difficulty finding an attorney to handle the matter even if you can establish fault. A important question is whether or nor this was a private walkway or a municipal sidewalk. If the latter, you only have a short time to file a notice of claim with (I am assuming) New York City. You should really consult with an attorney as soon as possible.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

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11 comments

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

He may be entitled to PIP...

Anthony A. Ferrante

Anthony A. Ferrante

Posted

But would then be forced to prove that his injuries satisfy the "serious injury" threshold which may be a hurdle in a soft tissue lumbar claim.

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Exactly why he needs an attorney.

Michael J Palumbo

Michael J Palumbo

Posted

There is no PIP and no no-fault he was not using the vehicle within the meaning of the no fault laws. Believe me I know I do no fault collections. This is a slip and fall.

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Well, not the first time we may disagree :) The facts are in the details.

Anthony A. Ferrante

Anthony A. Ferrante

Posted

I believe Mr. Adams was referring to the argument that Mr. Fall in Bayside was "unloading " his vehicle, which may be covered under the No Fault law depending on the specific facts. This would likely be a stretch, and because the defective hole presumably caused the fall and not something related to the car, the argument may not fly. However it is a worthy line of reasoning if the potential benefits tied to a valid no-fault claim (ie. medical coverage) outweigh the onus of the serious injury threshold.

Gerald David Grunsfeld

Gerald David Grunsfeld

Posted

In case you guys are interested, there was a Court of Appeals case decided 6 weeks which discussed the degree of relationship needed to "operation of a vehicle" to come under no fault laws. See Cividanes v City of New York

Michael J Palumbo

Michael J Palumbo

Posted

Yes I am fully aware of this decision the other half of my practice is no fault collections and this is not a no fault matter - which is actually better because you don't have the threshold issue. If any lawyers here need a no fault collection attorney for their client plaintiff's give me a call.

Gerald David Grunsfeld

Gerald David Grunsfeld

Posted

Just trying to be helpful Michael.

Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

I agree that it is not a no fault accident or PIP case as it does not arise out of the use or operation of a vehicle and the vehicle was not the instrumentality that caused the incident.

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

As I originally said, the devil is in the details. Cividanes, at least to the majority, was not "use or operation"; having fully alighted from the bus.

Posted

It will depend on several factors. Was the City informed in writing about the hole. How did the hole come about? Was the grass trip opposite a home? who maintained the grass strip. How serious is your injury? These questions and others will need to be answered before it can be determined whether you have a case. I would consult a personal injury attorney who will discuss your case with you without charging you. Feel good.

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Posted

Hello,

You may have a premises liability claim if an investigation answers some of the questions suggested by my fellow attorneys. Consult with a local attorney.

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Posted

As Mr. Adams indicated, you may have a case. Do you know who owns the property? If it is a municipality they must be served with a Notice of Claim within 90 days of the accident. As for the injuries, you need to discuss the specifics with your doctor to determine whether a case is worthwhile.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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2 comments

Asker

Posted

thanks Brian. The property is in front of my apartment complex's manaement office - since it was the grass between the street curb and the sidewalk I am not sure if that makes it the property of NYC. Should I inform my landlord of the hole and let them know I fell?

Brian C. Pascale

Brian C. Pascale

Posted

Yes. But I would recommend you speak with a personal injury attorney immediately. If you would like you may feel free to call my office, regularly handle these types of cases in Queens and the rest of New York. Our number is (516) 280-4716.

Posted

possibly. it is very fact specific. you will need a local attorney to further advise you

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Posted

You might have a viable case against the property owner or the municipality (New York City?), Depending upon various factors such as our ability to prove prior notice of the defective condition. Equally significant is the severity of your injuries.

I'll be happy to discuss the case further with you after you have been examined by Dr. had any diagnostic tests required to determine the extent of your injuries.

Please keep in mind that there is a 90 day time limit from the date of the accident service of a notice of claim against the municipality. Other time limits also apply regarding their potential claim against the municipality as well as the homeowner.

There's also the possibility that the homeowners insurance policy might provide medical payments coverage, to pay your medical bills up to the limit of that endorsement on the policy.

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Posted

There are a lot of questions that need to be answered before any lawyer can give you a meaningful opinion. Other counsel have mentioned some of the obvious ones. You owe it to yourself to contact a lawyer immediately, whether myself or one of my colleagues. There may be deadlines that you need to observe in order to preserve you rights to sue (such as a Notice of Claim). If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Also, please be sure to read my disclaimer below. Good luck to you.

Dean P. Murray
The Murray Law Firm
T: (201)875-2600

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state, whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

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Posted

You certainly have a claim. If the injury happened on a public sidewalk, make sure you document it with many photos showing exactly what property was in front of. You also may need to give notice to the municipality within 90 days by filing a notice of claim. The value of your claim depens on your precise injury and many other factors not ascertainable from your post. You should definitely consult with an experienced personal injury attorney.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

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Posted

You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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Posted

We had our office in Bayside on Bell Blvd for years. If you fell in front of a commercial building or a non owner occupied 1-3 family, then you would have a claim against the private adjoining property owner - not the City of New York. The claim is easier to make because you don't have to prove actual written notice as you would against the City of New York- simply constructive notice- or proof that the conditon existed for a period of time and the adjoining owner should have been aware of it. Interestingly, I had a very similar case with a client who fell in front of a house on 215th Street and 46th Avenue. She stepped into a hole between the sidewalk and the grassy median that was no observable. We investigated and found out that the adjoining home was a two family not occupied by the landlord. We were thus able to uccessfully bring a claim with the property owner's insurance company. I'd be happy to dscuss the case with you. In any event, you need to have your attorney thoroughly investigate the ownership of the adjoining property. Good luck to you.

This communication does not create an attorney/client relationship. My firm is a second generation family firm successfully handling personal injruy and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900

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