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I shattered my ankle in my school in 2011. Can I still sue if I have not yet taken any action towards this and how?

Flushing, NY |

I was sent to the emergency room and had emergency surgery done to my ankle resulting in the placement of two screws. I have suffered through a lot of pain both physically and emotionally till this day.

This was in my Private high School. I shattered my ankle by slipping and falling on the staircase.

Attorney Answers 13

Posted

It depends on a number of factors. Most importantly, where you went to school and how you fractured your ankle. It is worth investigating, but more specifics are needed.

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Asker

Posted

I fell in my private High School in Queens, NY by slipping and falling on the staircase.

Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

if it was a private school and the school caused and created the condition, or knew or should have know the condition existed (it was there for a period of time before), you could have a viable claim. However, comparative negligence can come in to play.

Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

by the way, you must be 18 to bring a claim on your own behalf, or a parent or guardian must commence a claim on your behalf.

Asker

Posted

do i have a case if it was snowing that day and the stairs were left wet from melted snow with no wet sign?

Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

Again, it depends. That it had snowed that day makes the case more difficult, but not impossible. with the severity of your injury, it is worth further inquiry. However, these cases are very fact specific. You would be best served by meeting with an attorney in person and going over all of the details.

Asker

Posted

OK thank you for your help.

Gregory Scott Gennarelli

Gregory Scott Gennarelli

Posted

I hope it was helpful. I suggest you contact someone to discuss your claim sooner than later. A consultation won't cost you anything but an hour of your time, and could prove beneficial in the long run.

Posted

Public or private school. That is the question.

The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.

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Asker

Posted

Private High School

Posted

Yes, you can still sue, but you will need to act quickly. Simply falling on the steps, however, is not enough to prove your case. You need to prove that there was something wrong with the steps or the school could have prevented the incident. Please see my disclaimer.

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

If there was some defect in the stairs, yes.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Posted

Slipping and falling present legal challenges but the time and place to analyze whether there is positive liability is as soon as possible. The reason is that there are various deadlines. Also, you've got a serious injury with an element of permanency. But, as a matter of law, the damages aspect of the claim is not relevant until liability is established. Here's why: [Blue Link Below]

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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Posted

The statute of limitations is 3 years for a private school (more if you are a minor) but it depends on why you slipped and whether the school had notice of the it. If you just slipped because you foot was in the wrong spot you have no case... there needs to be a dangerous condition You injury is worth money if there is a case so it is worth speaking with a personal injury lawyer.

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) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

You may have a claim for personal injury but it will depend on the facts surrounding how you broke your ankle. The statute of limitations is typically 3 years but if your accident happened at a public school there is a 90 day notice requirement and a 1 year and 90 day statute of limitations. You need to consult with an attorney immediately to determine if you have a case.

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Posted

What caused you to suffer the injury? Did you trip over a dangerous condition? Were you participtaing in a sporting event or gym? You are really not giving much info here. If your school is a New York City publlic school then you would have had to file a Notice of Claim within 90 days of the accident and a lawsuit within 1 year and 90 days. If this was a private school, or other private entity that owned or controlled the condition that caused your injury, then you have a three year statute of limitations for negligence.

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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Posted

Since your accident occurred at a private school, the statute of limitations has not expired. therefore you can still sue for your injuries, however as in any slip and fall case, you must prove that someone was at fault in the closing your accident.
What were the conditions of the steps that caused you to fall?
Were the steps broken in some way?
were the steps slippery? If so please describe condition and how it occurred? For example had an employee of the school washed the stairs, and failed to place a wet floor sign?
Did someone spilled something on the steps? If so, had anyone notified an employee of the school that the steps were wet and needed to be cleaned or dried?
Do you have any idea how long the slippery condition was present before your accident occurred?
was the accident reported to the school?
Was an accident report prepared by the school (or by you on the school's ) form)?
Did a maintenance or repair company create the dangerous condition on the stairs.
please feel free to contact me and provide as much information as you evaluate whether you have a valid personal injury case

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Posted

It depends in the facts. You may or may not have a claim. Contact a local injury attorney here.

Tim

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Posted

Yes. You may still sue. I strongly suggest that you hire a lawyer right away.

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Posted

It all depends on whether it is a public or private school. If it was a charter school, it may fall into either category. For a private school, there is a there year statute of limitations. For a public school in New York, there is generally a 90 day notice requirement with a one year and 90 day time limit to sue. You should contact a lawyer and provide the details of your accident.

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Posted

If it was a private school, then yes. However, what caused your injury?

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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