Legal Question in Personal Injury in New York

fell at a city ball park

I coach CYO softball in SI NY, I was going to the first base coahes box and fell in a ditch of a poorly kept field tore my ligaments around my entire ankle. No surgery yet but I ve been on cruthes and an air cast for over a month. Do I have a case


Asked on 7/05/09, 4:10 pm

5 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: fell at a city ball park

It is entirely possible that you have a case. There are several factors that will determine whether or not you have a case. New York law is complicated regarding when and if you can recover for injuries sustained as a result of your participation in a sporting event, either as a player or as a coach. Therefore, there are several questions that need to be answered: 1) was the hole in the field of play or in foul territory? 2) how large was the hole? 3) what caused the hole? 4) how long had the hole been there before you fell? 5) what measures were taken to repair the hole? and 6) did you know about the hole prior to falling?

It is also important to know who owns the field and who is responsible for maintaining the field. If it is the City or the State of New York there are very very strict limitations within which you are required to bring a claim. For instance, if it is the City of New York that either owns or maintains the field you are required to file a Notice of Claim with the City within ninety (90) days of the accident.

Should you have any further questions regarding this matter feel free to contact us.

Patricia Martin-Gibbons

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Answered on 7/06/09, 3:29 pm
David Owens, Esq. Molod, Spitz & DeSantis

Re: fell at a city ball park

You do have a case but need to act quickly as you have to file a Notice of Claim against the City of New York and Parks Department - if you have not done so already take pictures of the defect in question and contact me to discuss this matter further.

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Answered on 7/05/09, 4:44 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: fell at a city ball park

You may have a personal injury and a workers comp case. Beware that you have only one month to give notice for your comp claim and 90 days to serve a notice of claim.

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Answered on 7/05/09, 6:08 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: fell at a city ball park

In order for you to have a case in a slip in fall accident of this nature you must show that the field had notice of the defective/dangerous condition. There are a number of ways to prove notice. I would recommend you take photos of the ditch you fell in and also of your injuries. When you take photos of the ditch also take photos of the surrounding field to evidence the disrepair of the field generally as well. You can forward the photos to me, Pasquale Calcagno, Esq., and contact me at 1(800)WE-FIGHT for a free consultation. I have a convenient office location for you here in Staten Island on Annadale Road. You can also visit us on the web at www.1800wefight.com for help resources involving slip and fall cases. Thank you for contacting our lawfirm.

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Answered on 7/06/09, 10:35 am
Pasquale Calcagno Calcagno & Associates, PLLC

Re: fell at a city ball park

In order for you to have a case in a slip in fall accident of this nature you must show that the field had notice of the defective/dangerous condition. There are a number of ways to prove notice. I would recommend you take photos of the ditch you fell in and also of your injuries. When you take photos of the ditch also take photos of the surrounding field to evidence the disrepair of the field generally as well. You can forward the photos to me, Pasquale Calcagno, Esq., and contact me at 1(800)WE-FIGHT for a free consultation. I have a convenient office location for you here in Staten Island on Annadale Road. You can also visit us on the web at www.1800wefight.com for help resources involving slip and fall cases. Thank you for contacting our lawfirm.

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Answered on 7/06/09, 10:35 am


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