Legal Question in Personal Injury in New York

I was in NYC for a holiday as i live in London. I was crossing at Broadway and Canal. I stepped off the kerb onto a bit of road that was broken and sunken down, very badly spraining my ankle. It was so bad the bruising was all over and up my leg. That was 2 months ago and my ankle is still swollen although i can walk on it. I waited to get back to London to have it Xrayed as i did not have travel insurance. I love the city and go there 3/4 times a year. What case if any?


Asked on 8/29/11, 10:13 am

2 Answers from Attorneys

Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Unless there was a Police report, Ambulance at the scene and Prior Notice to the City about the dangerous condition of the curb and road, it would be very difficult if not impossible to bring a successful case against the city.

Wishing you speedy recovery,

www.WeSettle.com

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Answered on 8/29/11, 10:35 am

A case against the City must be initiated by the filing of a claim within 90 days of the date of accifdent. You will need to show prior written notice by the City for the claim to succeed. With roadway, as opposed to sidewalk, defects this is difficult. However, if the roadway depression was caused by a utility, cable company or the like, the proof is different, and prior written notice would not be required. Overall, need more information to be of help. Best, M.E. Zuller

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Answered on 8/30/11, 11:54 am


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