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Will a lien be put on the house I fell in front of?

Las Vegas, NV |

Fell in Valley Stream LI, on sidewalk, not on homeowners property ( on the walkway) broke my wrist, had surgery..pins and plate..if I sue...will that homeowner be involved? If so can they put a lien on that homeowners house?

Sueing the city and county....there was a lift on the sidewalk....this is the pedestrian walkway....so wondering if the city and county will involve the homeowner..if so will a lien be put on her house if they bring the homeowners insurance into the case....

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Attorney answers 8

Posted

If you make a claim against or sue the homeowner, his/her insurance will be involved. The question will be whether legally the homeowner has a legal duty to maintain the sidewalk in a safe condition. That may be in dispute, but the homeowner's insurance will only pay if they believe they have a duty and breached that duty or a judge or jury determines they breached a duty a duty in the context of a lawsuit.

It's possible that Nevada law will allow you to file a "lis pendens" if you sue the homeowner. You should consult a Nevada personal injury attorney to determine your rights and options.

Good luck.

Posted

The answer to your question is probably more complicated than what you want to hear. The short answer is that no, placing a lien on a house is not a typical outcome for a case like this. The first step will be to determine whose property you fell on and if there was a danger on that property that caused you to fall. If the fall was not on that homeowners property, then they are not responsible for any dangers on the property you fell on. If that was the homeonwers proeprty, you would hope they would have homeowners insurance that would indeminfy them for a claim such as yours.

It sounds like you have some pretty serious injuries and I would suggest you get an attorney lined up as soon as you can. If you would like to speak at greater length about your case and get some more honest advice, I would be happy to take your call. 823-3333. Good luck to you.

Posted

The nautre of your claim may not warrant the filing of lis pendens especially when you are suing for money damages. An improper filing of lis pendens may result in a slander of title lawsuit against you resulting in damges to the homeowner.

The information presented here is for informational purposes only and does not constitute legal advice. The Goodman Law Group, P.C. recommends that you consult an attorney with experience in your specific legal issue. Please contact us to schedule a confidential discussion of your situation. Such communication does not create an attorney-client relationship of any kind until a formal engagement agreement is signed by both you and the Goodman Law Group, P.C.

Posted

usually, these homeowners will have coverage for incidents on the homeowners premises. but its always possible that the worth of the claim may be more than that coverage. thats why you need to speak with a local attorney with this program.

Posted

Many times, both the homeowner and city are potential defendants. A lien would not be put on the property. Have a local presonal injury lawyer investigate.

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

Posted

I agree with my colleagues that more information is needed to adequately respond to your question. Consult an attorney in your area.

If you would like a free consultation, call me at 702-823-3333. www.naimidilbeck.com

Posted

Tangentially, your claim will likely be barred by anti-consumer and anathema "prior written notice" legislation. 90 notice of claim on Long Island.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

Asker

Posted

Meaning I have 90 days to put a claim in?

Posted

Village of Valley Stream, NY

ARTICLE X. (Reserved)CHAPTER 80 STREETS AND SIDEWALKSARTICLE XII. Drains Across Sidewalks

Jump to Content
Article XI. Cleaning of Sidewalks

§ 80-43. Sidewalks to be kept clean.§ 80-44. Sidewalks to be kept in good and safe repair.§ 80-45. Failure to comply; notice; action by village.§ 80-46. Penalties for offenses.
§ 80-47. Definitions.§ 80-48. Repeal of inconsistent ordinances.§ 80-49. When effective.

[Adopted 1-17-1949 by Ord. No. 83]

§ 80-43. Sidewalks to be kept clean.

The owner, occupant or lessee of any lot or parcel of land, or any part thereof, in the Incorporated Village of Valley Stream, and any agent, servant, representative or employee of such owner, lessee or occupant, shall keep the sidewalks or other public thoroughfares set apart for pedestrians, adjacent to such lot or parcel of land, free from snow, ice, dirt, filth, hedges or weeds or other obstruction or encumbrance.

§ 80-44. Sidewalks to be kept in good and safe repair.

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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