You can. It may be a bit difficult to find an attorney to take it since sprains tend to heal in a few weeks without lasting effects. (However some sprains can be far more serious.) You need to hire an attorney right away, because in order to sue the school district you need to file a Notice of Claim, and the time for doing so is very short. If you cannot find an attorney to help you, you can file the notice of claim yourself. I wouldn't be interested in the case, because Buffalo is just too far for me to travel for a sprained ankle case, BUT I could send you a sample notice of claim. When did you fall.
Yes you can sue. The question is whether or not you can make out a liability claim against the school. First, if it is a public school, you will have to file a notice of claim within 90 days from the date of accident. If you are under 18 years of age, a parent or guardian should file on your behalf. The problem lies in the fact that it was snowing at the time of your fall and it sounds as though the school was making some effort to correct the wet condition. If the methods they were using were not reasonable or they failed to post warnings, then you may be able to show they were negligent. You should consult with an attorney in your area to discuss the school's liability and your chances of success. Good luck.
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.
If your only injuries are a sprained ankle, you may have difficulty finding an attorney willing to undertake this type of claim when the potential damages are low. I suggest you arrange a free consultation with a local personal injury attorney and see if you can convince him or her to undertake your case.
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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.
I agree with the above advice, thus, search Avvo for a personal injury lawyer in your city to get representation immediately.
Philadelphia Personal Injury Lawyer. www.InjuryLawyerPhiladelphia.com
Probably even more difficult because in Buffalo there is so much snowfall its expected that public areas will be wet. Not fair but I wouldn't be surprised if thats what you're told by local lawyers.
But don't give up. Give it a try.
I agree with the other attorneys. However, you should find an attorney soon to secure your ability to file a claim.
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