Brooklyn, NY asked in Personal Injury for New York

Q: Would my mother have a case if she fell in the bathrrom of a dialysis center?

My mother finished her session of dialysis and went to the bathroom. She fell and was on the floor for about 10 min until she was able to pull the cord. She was sent to the hospital and was told she has a fractured hip and needs surgery.

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1 Lawyer Answer
Michael H. Joseph
Michael H. Joseph
  • White Plains, NY
  • Licensed in New York

A: It depends on what caused her to fall. In general businesses are only liable if someone gets hurt because they were negligent. So for example, if there was a defect on the floor or the floor had just been mopped and there was no sign, then potentially, there could be a case. On the other hand, if she just fell, there probably isn't a case, unless they knew she was weak and needed to be escorted.

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