Legal Question in Personal Injury in New York

I fell in a hole and injured my knee

Well to start it off i was standing in a lot next to my job conducting and invitory on a car and where i was standing i thought was solid ground. The next minute the ground under my feet gave way to an aprox. 10 foot hole. I fell apox. 3 feet strinking a metal pole with my left knee & in turn it stoped my discent into thie hole. I went to the hopital and they told me i have a contusion and some abrasions and possable sprain and i went to my police doctor and he told me i will have to be out of work for some time (due to I cant function to my duties)and he told me that now i have some water in my knee. Then he told me that if my injury doesnt get any better that i am going to have to go to an orthopdic doctor for some possable operation. Now do i have a case or am i just fooling my self ??


Asked on 12/22/01, 2:38 am

3 Answers from Attorneys

Steven Modica Modica & Associates

Re: I fell in a hole and injured my knee

If your injury occurred on the premises where you work, you are probably limited to workers compensation as your sole remedy against the employer. A key question, however, will be whether some third party (not your employer) owns the property where you were injured.

You may want to check with your local County Clerk's office to see who owns the property where you were injured. Assuming it is owned by some third party, you may have a premises liability case.

You should consult with a personal injury lawyer who has experience with premises liability cases. You may want to contact the New York State Trial Lawyers Association which consists of members who represent plaintiffs in personal injury cases, including premises liability cases. Their web site is located at www.nystla.org

Finally, keep in mind that there are deadlines for any legal claim. If there is some involvement by a governmental entity (for example, if the County owns the property where you were injured), you may have to file a Notice of Claim within 90 days from the date of your accident. Thus, you should get legal advice as soon as possible.

Good luck.

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Answered on 12/22/01, 10:11 am
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: I fell in a hole and injured my knee

Who owns the lot next to your job? If your employer does, then your remedy is in Workers' Compensation.

If a third party owns it, then you have an excellent case. Please call me to schedule a free consultation. My office is in Mineola, across the street from the Supreme Court.

(516) 741-7799

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Answered on 12/22/01, 11:16 am
Robert R. Groezinger GroezingerLaw P.C.

Re: I fell in a hole and injured my knee

Good day-

First off, your own health sdhould be takn care of ... see an orthopedist immediately. There may be ligament or meniscal damage in the knee. If the is not properly addressed, there may be complications later.

Next, the may indeed be a legal case that might be susccessful. First, if you are a police officer and were on the job, some protections of the law may apply outside of the usual. Second, depending on the other attendant circumstances, there may also be a case.

In essence, take care of your health first. The lawsuit can always follow.

Please look over my profile and some of the answers I have previously provided to others. I tend to be a realist in these things. If you have any questions, feel free to contact me at [email protected] or by calling me at 212-764-5428 or at 914-769-0796.

Good Luck to you,

RRG

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Answered on 12/22/01, 11:23 am


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