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I fell in the elevator of my apt and suffered serious injury to my neck and spinal cord. I don't remember how I fell.

New York, NY |

I had a serious fall which caused me to fracture two bones in my neck and a blood clot in my spinal cord. I had emergency surgery to remove the blood clot but I'm still in a lot of pain and it looks like I'll be in a neck brace for the next 3 mos. I suffered no permanent damage-- yet. I guess I'm wondering if I just slipped, tripped or got knocked down by my dog, whether I could sue for that.

Attorney Answers 10

Posted

You certainly suffered some very serious injury, for which I wish you a speedy recovery. Having handled many an elevator accident case, and as commented upon by other responding attorneys, merely claiming that you were injured while using an elevator, without identifying what the cause of your injury might be (as relates to the operation of the elevator) will typically lead to one result - a dismissal of a lawsuit. The happening of an accident on a property, by itself, does not entitle you to compensation. You also do not make it clear if the accident happened as you were getting into the elevator, out of the elevator, etc. Many commercial buildings, and better residential buildings have surveillance cameras which may have captured your incident. However, be aware, many camera systems work on a "loop", meaning it is set to record for a scheduled period (ie- a week, 2 weeks, etc.) and then starts recording over the old video material. Is the building where your accident happened one of them. If you believe that there are more details that you can provide about your incident even if you are not sure what caused your fall (what is written in the hospital admission records), then consult with an attorney.

Jeffrey I. Schwimmer, Esq.
20 Vesey Street - Suite 1200
New York, NY 10007
(212) 344-6700
(212) 344-5163 (fax)
JSchwimmerEsq@verizon.net
JSchwimmerEsq@att.net

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Posted

There are surveillance cameras in the elevators.

Posted

You could not sue for being knocked down by your dog. Im not sure why you would think you could. For instance, a property owner is not liable if you passed out and suffered injury. The bottom line is that if you are unable to state what caused your fall, you will likely lose your case.

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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Posted

If there was some elevator defect, have a personal injury lawyer investigate.

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Posted

If you slipped and fell due to conditions in the elevator, you may have a case. Seek the counsel of a local personal injury attorney.

This is only an Avvo answer. I am not getting paid to give this response and am basing this response only on the information provided to me in the above question.

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Posted

You need to show now the building was liable for the accident. Consult eith a personal injury lawyer to review your options.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

Speak to a lawyer and discuss your matter in detail.

IMPORTANT: 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 an 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 attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY 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. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

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Posted

You can't sue if you caused the accident. Is there a surveillance camera in the elevator?

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

Sue who? Your dog?

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Posted

what an obnoxious answer. Guess who won't be hired...

Posted

I agree with all of my colleagues. With that being said, if there was some dangerous condition or defect which caused you to fall, you should hire an attorney to investigate further. Your medical bills also may be covered under your landlord's insurance policy. If medical bills are an issue, request reimbursement from your landlord under the "Med Pay" provision of his or her insurance policy (if it applies). Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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Posted

If you do not know what caused you to fall... thats a problem. I assume there are no witnesses? As the plaintiff, you would have the burden of proof to establish that the owner or elevator maintenance company was negligent in order to recover money damages for your injuries. If you slipped or tripped, you may have a case but you would need to show that there was a dangerous condition on the property or that the elevator malfunctioned (didn't level off with the floor) and that the owner/maintenance company either created the condition or was on notice of the condition. If you tripped over your dog, I think you are out of luck.

My firm is a second generation family firm successfully handling personal injury and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900

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