Legal Question in Personal Injury in Maryland

neck injury

A no parking sign was recently installed by the town I live in right beside my house. It is put in the ground right beside the steps on the side of my house that I uase often. The sign was not properly placed because it was real wobbly. I called the town and notified them of this. They never came to fix it. The place they put is mostly rock underneath the dirt. I know this from trying to plant flowers. I was walking up my steps the other day and the sign fell over and hit me on the back of my neck. I went to the hospital and they said I have neck spasms. But now I am having trouble seeing out of my left eye. IS there any legal action I can take in this matter. The sign was not properly installed and it was put right by my steps. Help me?


Asked on 1/06/05, 12:11 am

3 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: neck injury

If the town was on notice of the defective/unsafe condition for long enough to do something about it, and if the sign fell over on its own (for example, I'm assuming you did not grab it as a hand-hold), you may have a cause of action against the town. You would have to prove that the damages you are suffering were caused by the sign as well. Under the Local Government Tort Claims Act, a notice of claim must be provided within 180 days of the injury. We handle this type of case, so please feel free to contact us at our Cumberland office, or at our McLean, VA office at 703-734-3800.

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Answered on 1/06/05, 7:20 am
Robert Sher Wagshal and Sher

Re: neck injury

You have the elements of a claim against the municipality, in that they were on notice of the defective nature of the sign and ignored your warnings, thereby allowing a dangerous condition to remain. One possible problem might be whether you could have accessed your home without walking so close to the sign as to expose yourself to the risk of what in fact happened. This is a possible defense the town would raise depending on the facts.

You should immediately seek assistance for your vision problem and ask the ophthalmologist if there is a causal relationship between that and the blow to your neck. If you wish to discuss this matter further, please feel free to contact me.

Robert Sher

301 986-4555

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Answered on 1/06/05, 10:53 am
A.P. Pishevar The Pishevar Law Firm, P.C.

Re: neck injury

I appears that the sign was not properly placed and installed, etc. You were injured and you are entitled to fair and reasonable compensation for all your losses and damages. You need to seek the best treatment possible for your neurological injury so make sure you follow up with medical attention. If you call my office, I will be glad to meet with you and discuss the possibility of representing you. Sorry about your injury. Our office # is (301) 279-8773. If there is an emergency you may call my emergency # at (240) 401-2062. -AP

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Answered on 1/07/05, 8:10 pm


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