Yes. Contactan attorney immediately. Take photos of the condition as well. When you take the pictures placea ruler against the defective condition so that it has some scale for reference.
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You should consult a local attorney because they do have a duty to keep the area free from potential dangers.
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The only way to know of you have a case is consult a personal injury lawyer. Not reporting the claim at the time could pose some problems.
It would have been better for you to have reported the fall. However, having a witness does help you and what you told your doctor can help you as well. Contact a local attorney to see if you have a case. It is very important to obtain photos of the scene and the condition as well. Do not delay in contacting an attorney. Most will provide a free consultation so you have nothing to lose.
I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.net Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
Depending on the size and condition of the condition, you may have a claim. However, distinguishing a traumatic torticollis from cute cervical trauma (whiplash) or post concussion syndrome imay not be easy. There are two parts to every case, liability and damages. On the liability end, you will need to prove that the condition was dangerous/defective and that the owner caused/created the condition and knew or should have known about it. If the condition is too big, the owner will argue that it's open and obvious and you should have avoided it. If its too small, they'll argue that they shouldn't be held accountable. Assuming, however, that you can prove liability, you still must prove that the torticollis was caused by your fall and not something else. Therefore, your doctors diagnose and tracking of your complaints, symptoms and condition will be very important to a successful claim. Good luck.
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As indicated by my colleagues, consult with a personal injury attorney as soon as possible.
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I'm sorry to hear about your fall. Best bet is to retain one of the lawyers above who offered to investigate. Good luck.
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That is a very interesting and very serious diagnosis. Make sure you speak to an attorney as soon as possible. Also, make certain that you seek treatment from a neurologist who is familiar with spasmodic torticollis as only he/she may be able to link your condition to your fall. Good luck to you.
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