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I fell on a high school property. I slipped on a hose and sewer drain cover. I tore the ligaments in my dominant shoulder.

New City, NY |

Do I have a case?

Attorney Answers 14


  1. perhaps. I don't know how visible or obvious the drain cover or hose were. You need to find someone locally who specializes in personal injury cases, and they are in the best position to get all of the facts and help you. Take pictures of where you fell.


  2. Possibly. A lot more facts are needed and be aware that you probably have to file a notice of claim within 90 days, so consult with a NY personal injury attorney immediately.


  3. First, if you do have a valid claim you must be sure to file a notice of claim to preserve your rights. Second, I would need to know what the defect was, how long it was on the property, and, whether the school had constructive or actual knowledge of the dangerous condition, or, whether it was a condition created by the school or one on its agents.

    PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why I became a lawyer. However, please note that I have not been engaged to be your lawyer so my advice is general in nature. Certainly, if you would like, please feel free to email or call me to further discuss the particulars of your situation (as many times it is not a good idea to provide a lot of information about your case on a public forum). * Hacker Murphy, LLP * 518.213.0115 * Rfinn@hackermurphy.com * http://www.hackermurphy.com/Attorneys/Ryan-M-Finn.shtml * Hacker Murphy serves clients throughout New York State (including New York City and Long Island). *


  4. You could have a case, use the avvo find a lawyer feature and speak to a personal injury attorney in your area, most offer free initial consultations.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Jonathan D. Marx and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney


  5. Assuming this was a public high school, you will have to file a notice of claim. You only have a short period of time to do so. Whether or not you have a valid claim depends on several factors including the nature of the defect, how long it was present and the circumstances of your fall itself. Instead of posting more facts here, you should contact an attorney in your area as soon as possible for a free consultation.

    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.


  6. Photograph the scene and schedule a consultation with a lawyer. These cases are especially fact sensitive.

    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.


  7. You don't indicate when the accident occurred--but if you fell on school property you need to file a notice of claim within 90 days of the accident on the school district. If the property was owned by a separate municipal agency (Town/City/Village) they would need a separate notice of claim as well. Whether you have a claim depends on whether the condition that caused your accident was dangerous and whether the potential defendant either caused the dangerous conditions to exist, or knew that it existed. If a municipality is involved, there may be a requirement that they had prior written notice of the dangerous condition. You should consult/retain an attorney who will then investigate the circumstances and make a judgement about whether you have a case or not. Good luck!


  8. You may. Call a personal injury attorney at once as there are very short filing periods in these types of cases.

    This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during a consultation. Your rights and obligations may vary depending upon facts not disclosed in your question. Therefore, you should contact an attorney immediately so that your interests are properly protected.


  9. To the extent that the high school in question is owned by a governmental entity (town, village, county, city) then you must file a notice of claim, usually within 90 days. But, be careful, sometimes the time period can be less than 90 days. If the high school is privately owned, then you have three years from the date of the accident in which to file legal action. From the facts that you gave, it appears that the hose was placed there by the owner of the property, or the person or entity in possession of the property, in which case you would satisfy the “notice requirement” of this type of claim, in that they created the dangerous condition. The injuries that you suffered are serious and the value of your claim could be very significant. Of course, if an attorney was to interview a new client with this fact pattern, that attorney should ask many more questions than those that have been addressed thus far. I suggest that you contact me or one of the attorneys above, or use the "find a lawyer" feature on Avvo, for a free evaluation of your case.


  10. Here are some initial suggestions. Try to take photographs of what caused the fall and the surrounding environs. Retain an attorney to investigate the matter and counsel must file a notice of claim against the school district within 90 days from the occurrence. Determine by that investigation who owned and maintained the hose and drain cover. Don't give anyone a statement about what happened or how you are doing whether written or oral. Get a free consultation from a lawyer and retain a firm to tell you the strengths and weaknesses of a potential case. Speedy recovery to you!


  11. You did not state why you were on the school property. Where you a student, a teacher or other employee of the school, a visitor? Was the hose left on the ground? Was someone working with the hose? Was the incident reported? Where there witnesses? These and many other questions need to be answered in order to obtain a proper evaluation of your potential claim. Contact an attorney with experience handling these types of claims so that a proper Notice of Claim can be filed. Identifying the correct legal entity to file the claim against can also be an issue so don't wait until the last minute.

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  12. Consult an attorney right away and ask him or her to file a notice of claim against the high school. It sounds like you have a good claim but it requires some more investigation.

    The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.

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