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Is it to late to do anything?

Brooklyn, NY |

I slipped and slid down the wet stairs in my buildings foyer yesterday. I got up okay but this morning my left arm, shoulder and ankle are hurting and sore. My neighbor saw what happened and went back to her apartment to get rugs to drop on the steps. She said that another neighbor slipped and fell as well, earlier. I am going to the doctor today for xrays and pain meds. Is it to late to file a complaint? And who do I file it with?

Attorney Answers 14

Posted

I am sorry to hear about your slip and fall. You are doing the right thing by going to the doctor today.
It is not too late to take action. You should notify the building supervisor or management about the incident. You may have grounds to seek compensation for your injury. You would have to prove that you landlord caused your injuries due to negligence maintenance of the foyer. You would also need to show that you suffered injuries because of that negligence.

I would recommend that you speak to a personal injury attorney experienced with slip and fall cases as soon as possible. A good attorney could learn more about the particulars of this incident and offer you guidance on how best to proceed. There should be no charge about for this consultation. We handle many slip and fall cases and I have attached a link with more information of what you can do.

I hope this helps and that you are able to make a full and fast recovery.

The Schlitt Law Firm and Carol L. Schlitt provide answers for informational purposes only. If this answer is helpful, please mark the “helpful” button. If this is the best answer, then please indicate it. Thank you. We are a plaintiffs-only, personal injury and medical malpractice law firm representing clients in the New York metropolitan area. We offer personal services built on the values of communication, education and responsiveness. Please understand that legal advice can only be given by an attorney licensed in your jurisdiction who has a familiarity with the law concerning your question. This answer does not constitute an attorney-client relationship. If you are in the New York metropolitan area, feel free to call us at 1-800-660-1466 or contact our website www.SchlittLaw.com and I will see if we can help you.

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17 lawyers agree

Posted

It is NOT too late. You should contact an attorney who specializes in this area of law. Most who answer this question can help you.

If this Answer was of assistance please mark it as "helpful." 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

Why would it be too late if it just happened yesterday? Anyway, slip and fall cases are difficult, since you have to show that the folks who control the building premises knew of the condition that caused your injury or that it was there for such a period of time that they should have known about it, but did nothing to correct it. In any case, you need to consult with a personal injury attorney to assist you who can investigate and give you guidance as to how to proceed. Personal injury attorneys typically handle cases on a contingency fee basis and give free consultations. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...

THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

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13 lawyers agree

Posted

It is not too late, but the longer you wait to consult with an experienced NY personal injury attorney, the more difficult it will be to preserve critical evidence.

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Posted

It's not too late but the key issue in any case will be whether the landlord had actual or constructive notice that the floor was wet. The prior fall will helpso it

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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1 comment

Eric Edward Rothstein

Eric Edward Rothstein

Posted

So it will be important to locate the other person who fell.

Posted

Go to the Doctor find out what your injury is. Notify the superintendent and building owner of your injuries. It would have been helpful if you took photos of the wet steps, but even without them you should be able to find an attorney to take your case.

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13 lawyers agree

Posted

It's definitely not too late. Report it to the building super, property manager or landlord. Request the contact information for the buildings insurance company. If you are unable to obtain same directly from the building's representatives, the NYC Buildings Department may have the information, particularly if you are living in a multi-unit dwelling.

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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Posted

As already indicated, for the landlord/managing agent to be responsible, it would have to be proven that they had "actual or constructive notice (notice = awareness} of the condition that caused your accident. The prior accident involving another tenant may help, particularly if it was in the same area of your fall and the building personnel were made aware of it, but failed to clean. There would also be the question of what time you fell as there were parts of yesterday where it was raining, and parts not. Having handled many cases such as yours, it can be said that the success or failure of your claim rests on additional details that you need to discuss with a lawyer. Don't delay, as consultations are free and you do not pay a fee to the attorney unless you are successful in your claim (this is called a contingency fee arrangement).

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

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15 lawyers agree

Posted

Slip & fall cases require immediate investigation and the assistance of a local personal injury attorney. It is not too late to file a claim, - contact a local attorney ASAP - most will offer a free initial consultation.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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10 lawyers agree

Posted

It is not too late. See a doctor immediately and then contact a local attorney using Avvo's Find A Lawyer tab.

The above answer is intended for informational purposes and is not legal advice. It does not constitute the creation of an attorney-client relationship.

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11 lawyers agree

Posted

Not too late, have a local personal injury lawyer investigate. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.

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13 lawyers agree

Posted

It is not to late to act. But do not delay to talking to a lawyer.

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10 lawyers agree

Posted

Yesterday? You have three years to file a complaint. You don't file it, your lawyer does. Get a lawyer, that's what we do.

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7 lawyers agree

Posted

Go to a doctor first, report it, then get back to me

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6 lawyers agree

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