Legal Question in Personal Injury in New York

My 11 year old daughter fell from a zip line at a friend's house a few days ago and broke 2 bones in her left leg....

I wanted to know what rights we had re compensation from the homeowner... Not looking for punitive damages but help w/ expenses which are already piling up...


Asked on 7/22/10, 12:13 pm

4 Answers from Attorneys

Many people will tell you there is no case due to assumption of the risk but there is a recent case from NY's highest court that I think changes things. I am a former federal and State prosecutor and how handle personal injury cases. You can bring a claim or suit and hopefully the homeowner has insurnace otherwise you would have to pursue the homeowner personally. Your daughter may be entitled to recover money for her pain and suffering and any unpaid medical bills, etc.

I would have a strong interest in discussing your case. Please feel free to check out my web site and contact me.

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Answered on 7/22/10, 3:21 pm

Based on what you have posted it appears that both your daughter and you have a cause of action against the homeowner. You should contact an attorney immediately to discuss the potential case. Our office practices nothing but personal injury law and Alvin M. Bernstone, Esq. has been practicing solely in this field for over fifty years. The best of luck to you and your daughter.

Matthew A. Schroeder, Esq.

(212) 532-1200 office

(917) 371-4260 cell

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Answered on 7/22/10, 3:29 pm
Michael Joseph Law Office of Michael H Joseph PLLC

The property owner may have a medpay provision in their policy, which would be responsible for paying the medical bills. If you can establish that the injury was due to their carelessness or failure to supervise or because of a dangerous condition, you may be able to obtain pain and suffering damages also.

I would have to discuss the accident in greater detail to give you a better opinion. You can call me at your convenience to discuss the matter. My consultations are always free.

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Answered on 7/22/10, 3:31 pm
Pasquale Calcagno Calcagno & Associates, PLLC

I am very sorry for your ordeal. You have a claim against the homeowner. Typical policies have medpay provisions to cover you child's medical bills and expenses. Additionally, with the right attorney, the claim may possibly settle out of court with the insurance company.

Contact me, Pasquale Calcagno, Esq., at 1(800)WE-FIGHT for a free, confidential consultation about your case. We have handled and currently handle many homeowner liability cases. Our lawfirm has convenient locations all over New York and can have an attorney come to you upon request - for free.

No fee unless we win your case. Visit our website at www.1800wefight.com. I look forward to fighting hard for your rights.

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Answered on 7/22/10, 8:28 pm


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