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The following is an expert answer given byFlorida Slip And Fall InjuryLawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:
Question:
I slipped and fell in Greese, NY in 2004. I got out of the van in the street and slipped on a large ice bump from a snow plow. I couldn't walk for 4 months and was in very bad pain. I went to a dr and he sent me for an mri. I had 2 bulging disks and a chunk out of the 3rd. I was also sent to a nerve dr here in Florida and he said I had bad sciatic nerve damage. I then went to Rochester, NY and the dr there said I WOULD BE able to walk again, but it would never be the same. I would always have to keep it from getting inflamed. It took 3 yrs to walk again with a limp. Now I can walk a little better, but I still have pain and will for the rest of my life. I can only work the most 2 hours without pain. When this happened, I notified Greese and they said I only had 3 weeks to notify them ...I live in fl...can I still sue ???
Answer:
The answer to your questions depends on the statute of limitations (SOL) in New York for slip and fall claims, and how New York Courts treat slips and falls on ice. I specialize in slip and fall cases but I am in Florida. Laws vary from state to state so what happens in aFlorida slip and fall injurymay not be the case in New York.
The best advice I would give you is do speak with an attorney that specializes in premises liability claims, i.e. slip and falls. He can advise you what the law is in New York for slip and fall accidents which occur on ice. In a Florida slip and fall injury , you have four years to bring a claim such as the one you have described. An experienced accident lawyer in your area could easily tell you what the SOL is, and whether you can still make a claim.
Generally, a landowner owes two duties to persons lawfully on the property - maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves. I don't know enough about icy conditions, and problems created by the use of a snow plow, to tell you whether the entity that was using the snow plow should have done something differently that would have eliminated the bump. But, that would be the issue in making a claim against the City of Greese, or any private company that may handle the snow plows for the City.
In the case of a Florida slip and fall injury , there are also strict requirements for reporting a claim to a governmental agency. You have more than 3 weeks, but these requirements only apply to property owned by the State, County and Municipal governments. The law in Florida limits the time period you have to notify the governmental agency, and also limits the amount of money you can recover. You should speak to an experienced accident attorney to see what limitations, if any, apply to your claim.
Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. their attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case.
For more information about aFlorida slip and fall injury,contact Florida Premises Liability Lawyer Joseph M. Maus at 1-866-556-5529, visit his website at , or email him today.
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