Legal Question in Personal Injury in New York

Injured in winter on driveway at work

A friend and her mother cleans house the same time and day of the week for the past three years. In January my 35-year-old friend fall on the driveway and destroys her leg. The homeowners admitted that heir children have fallen in the winter on their driveway. Also their roof drain runs down the driveway right where she fell. The driveway had patches of snow and ice on it at the time of the fall. It had been 3 days since the last snowfall. With the homeowner having knowledge of the arrival of the �workers� to their home would they be liable for the injuries sustained by my friend?


Asked on 9/03/04, 11:01 am

5 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Injured in winter on driveway at work

If the ice was from the drain runoff there may be a valid claim.

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Answered on 9/03/04, 11:05 am
Robert R. Groezinger GroezingerLaw P.C.

Re: Injured in winter on driveway at work

It appears that there might be a valid claim. If you friend would like to discuss this matter with me on the phone,or need the name of a good attorney in or around Cohoes/Albany, feel free to contact me.

Good Luck.

RRG

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Answered on 9/03/04, 12:45 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Injured in winter on driveway at work

Yes, there may be a valid personal injury claim.

However, it is important that your case is immediately investigated and evidence is obtained and perserved to prove the injury, costs and disbursements and site or cause of the injury.

You may call for a free telephone consultation.

Good luck,

Phroska L. McAlister,Esq.

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Answered on 9/03/04, 1:03 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Injured in winter on driveway at work

If what you state is accurate. Yes, absolutely there is liability.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 9/07/04, 10:03 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Injured in winter on driveway at work

Slip and fall accidents probably generate the most personal injury lawsuits, after auto accidents. There is no simple answer to your question.

In this type of case, the leaking roof drain and the icy patches appearing in the same place are the most significant factors. However, in order to win a jury verdict, there would have to be sufficient evidence to prove that the homeowners

either knew or should have known that on the day of the accident there was still ice in the location of the fall.

This is called "notice." Actual notice is when there is proof that they were told of the the ice

before the accident and did nothing, Constructive Notice is implied; that if there was precipitation, and the driveway was not cleared and sanded, then a jury may find that they should have known.

The circumstances in such a case as you describe here, with the homeowners apparently admitting prior knowledge of the leaky roof drain, lead to one further possibility; that by failing to fix the drain the homeowners may have actually known of, and allowed to exist, a condition that created a danger every time it rained in the cold weather.

Please feel free to contact me if you have additional questions.

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Answered on 9/04/04, 12:00 am


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