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New York City Sidewalk Slip and Fall

Got a potential client who fell and broke an elbow in NYC. H wtretire01/08/18
Judge: where did you come up with this claim value? wtret dietcoke01/08/18
Twist: the judge is a JDUer. High fives wtretire, enters a soupcansham01/08/18
Lol. Would never actually work. Just a matter of deciding if wtretire01/08/18
What makes you think there is liability? fettywap01/08/18
Under NYC Sidewalk law, you have to have a gap of at least t flyer1401/08/18
You could probably buy a novelty one at a bait and tackle sh soupcansham01/08/18
There is no minimum 2 inch standard - that’s just wrong on notiers01/08/18
what notiers said 90 days to file NOC against city or you wolfman01/09/18
City will file the demand for a 50-h and will question the p notiers01/09/18
^definitely better off if you can get liab against the prope legalbeagle01/09/18
Refer the case for a % to someone who practices in this area physicssezno01/09/18
Yes, refer the case to a lawyer who specializes in New York nighthawk01/09/18
Damages turn on way more than just the info You provided. Ne physicssezno01/09/18
I am aware of the 90 day notice requirement. The fall occurr wtretire01/09/18
If you can fill in some of the blanks I highlighted above. I notiers01/10/18
Still unsure but it appears to be a owner occupied 2 family wtretire01/10/18
I’ve handled several NYC sidewalk liability cases on the d genylawyer01/13/18
wtretire (Jan 8, 2018 - 5:48 pm)

Got a potential client who fell and broke an elbow in NYC. He was walking on the sidewalk in front of a residential property and either tripped on an uneven sidewalk or on some bricks that were surrounding a tree that was growing toward the side of the sidewalk. The injury is there. Waiting on pictures of the fall site before I venture a guess as to liability, but there is a decent chance there is liability there. Best guess as to how much the case is worth?

Thanks

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dietcoke (Jan 8, 2018 - 6:09 pm)

Judge: where did you come up with this claim value?

wtretire: Well Mr. your Honor sir, one of the bros on jdu told me. And then they said garbagemen will always outearn me and I should invest in crypto

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soupcansham (Jan 8, 2018 - 6:17 pm)

Twist: the judge is a JDUer. High fives wtretire, enters a judgment on the pleadings, and the two go out for Popov.

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wtretire (Jan 8, 2018 - 6:30 pm)

Lol. Would never actually work. Just a matter of deciding if I should sign up and refer out. I learnt quickly not to practice law....

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fettywap (Jan 8, 2018 - 7:21 pm)

What makes you think there is liability?

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flyer14 (Jan 8, 2018 - 8:05 pm)

Under NYC Sidewalk law, you have to have a gap of at least two inches before a court will find liability. So have a special fake ruler made up, wherein each “inch” is half size. Take pics of the fake ruler next to the crack.

Odds are the city is too lazy or incompetent to send their own inspector out to verify your pictures.

/areyouinsane

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soupcansham (Jan 8, 2018 - 9:16 pm)

You could probably buy a novelty one at a bait and tackle shop.

Ooh, and bill it for discovery.

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notiers (Jan 8, 2018 - 11:57 pm)

There is no minimum 2 inch standard - that’s just wrong on every level.

You only have 90 days to file a notice of claim against the city. If the fall occurred in or near the tree well, you have to file that ASAP and don’t screw it up.

Under 7-210 - if the owner of the property adjacent to the fall location is a commercial landowner (ie not a residential 1 or 2 family) you may also have to sue the adjacent owner.

Assuming you haven’t already committed malpractice by not timely filing the notice of claim - the value of the injury will depend greatly on whether there was surgery and other complications. Venue is also key (Bronx > Kings > Queens > Manhattan > Staten Island).

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wolfman (Jan 9, 2018 - 7:17 am)

what notiers said

90 days to file NOC against city or you're SOL

I believe then you have to schedule something called the 50-H hearing (against city) which is like a depo

value of claim depends on medicals, venue, exactly like he said... did he have plate and screws put in? still suffers pain? complications?

amazing i remember any of this, last saw claim against city in 2005...

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notiers (Jan 9, 2018 - 11:13 am)

City will file the demand for a 50-h and will question the plaintiff. You don’t get to question a witness from the City.

If there is a commercial landlord with an insurance policy for the adjacent property - you’re almost always better off.

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legalbeagle (Jan 9, 2018 - 2:38 pm)

^definitely better off if you can get liab against the property owner. the city needs prior written notice which you will never find. if its a 1,2,3 family home used for residential purposes only and owner occupied it's the city. anything else it's the property owner. also, was it in a driveway?? special use is important if so. find anyway to place blame on property owner. but definitely go against city to cover your bases.

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physicssezno (Jan 9, 2018 - 2:48 pm)

Refer the case for a % to someone who practices in this area. Scary that you’re having these troubles w deadlines. You’re going to run into costs as this case goes on and further procedural questions will arise.

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nighthawk (Jan 9, 2018 - 3:49 pm)

Yes, refer the case to a lawyer who specializes in New York City sidewalk law

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physicssezno (Jan 9, 2018 - 2:50 pm)

Damages turn on way more than just the info You provided. Need to know egregiousness of the fault, who potential defendants are and their insurance, type of fracture, existence and extent of surgery, age of pl and her condition before Injury. I mean there’s just a lot.

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wtretire (Jan 9, 2018 - 10:18 pm)

I am aware of the 90 day notice requirement. The fall occurred less than a week ago. I will most definitely be referring the case out if it is viable. Right now I am waiting on pictures of the sidewalk. Was simply trying to figure out if it is worth spending a couple of hours on and referring. I have no interest in handling the case on my own. Had a couple of real loser PI cases I referred out. Hoping this one finally brings me a couple of bucks.

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notiers (Jan 10, 2018 - 1:16 pm)

If you can fill in some of the blanks I highlighted above. I can probably give you a reasonable idea.

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wtretire (Jan 10, 2018 - 2:14 pm)

Still unsure but it appears to be a owner occupied 2 family house.

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genylawyer (Jan 13, 2018 - 8:53 pm)

I’ve handled several NYC sidewalk liability cases on the defense side as in-house counsel for companies with NYC real estate holdings. In my experience 99% of these claims are absolute BS and I would never authorize paying a dime on them. The typical fact pattern was a plaintiff with unsteady work history and 1-2 past civil claims against previous employers or supermarket chains. You would order transcripts or investigate and often found fraud or other skeletons. The plaintiff lawyers were usually under resourced mills and didn’t know the background on their client. Our litigation counsel would advise the plaintiff lawyers to drop the case but they never did. On deposition the plaintiffs would impeach their own credibility and their lawyers would sulk and fade away.

Unless you have that 1% situation where the defendant property owner created a hazard or demonstrably acted negligently, you should stay away from this case. Most NY property owners and general liability carriers frequently spend $50,000 on litigation counsel to defend against frivolous sidewalk cases to avoid the moral hazard of encouraging claims. Good luck...

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