if you are looking to recover for your back injury, the key question is what caused you to fall.... If the shop is responsible for your fall in some way, they are obligated to compensate you.... You should consult a local personal injury attorney.
There is no question posed. Talk to a NY injury lawyer to determine if you have a viable legal claim. Be well.
I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
I am sorry that you sustained an injury, however, merely because you fell while shopping and were injured does not mean that the owner or tenant of the premises is responsible. You do not mention what it was that caused you to fall so we cannot speculate as to whether there is a responsible party.
Generally speaking, New York law requires proof that the premises owner or tenant - whichever is applicable had to have actual or constructive notice of the condition which caused you to fall. So for example if you fell in a parking lot pot hole or slipped on water in a supermarket, you would have to show that the responsible party knew about the condition and did nothing to remedy it or warn you of its presence prior to you sustaining your injury. Alternatively, you would have to show that the responsible party created the dangerous condition. There are different rules for governmental entities.
You should consult an experienced personal injury attorney in Erie County to discuss what transpired and determine if you have a potential claim.
Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.
Attorney Greenspan offers astute advice. The most important question is "What caused you to fall?" Contact a local personal injury attorney to see if you have a case worth pursuing.
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.
I agree with Michael Greenspan. Please provide additional information so we can try to assist you.
This response is general in nature and not intended to provide legal advice. No attorney-client relationship exists as a result of this response.
Take photos of the defect / dangerous condition to show to a personal injury lawyer to evaluate.
And I assume your question is something like "do I have a case against the store". You have to be able to prove that it was their fault, that there was some reason that you fell that they are responsible for, such as defective property or spillage that they failed to clean up even though they had an opportunity to do so. Contact a personal injury lawyer in your area (there are several in Buffalo) and see what they have to say. There will be many questions.
THERE ARE 2 ISSUES TO CONSIDER. 1. WAS THE CAUSE OF THE FALL DUE TO A DEFECTIVE CONDITION NEGLIGENTLY CREATED BY THE OWNER/TENANT, AND 2. DID THE OWNER/TENANT HAVE NOTICE OF THE DEFECTIVE CONDITION IF NOT CREATED BY THEM. IF THE ANSWER TO BOTH IS YES AND YOU HAVE A RESULTING INJURY THERE IS A STRONG CASE FOR DAMAGES.
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