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New York Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for New York on
Q: Is a townhouse association responsible to keep sidewalks on their common property free from hazardous debris?

I was walking my dog and being startled I slipped and fell on large area of leaves and debris. As a board member and at meetings I had advised the townhouse association and the managing on several occasions of this recurring problem. After my fall I dislocated and broke with ligament damage the... View More

Tim Akpinar
Tim Akpinar
answered on Jan 28, 2025

This looks like it might be related to a similar slip & fall matter on this forum, based on the circumstances of the accident and the geography. Yes, there is a duty to maintain property free of debris - that would go to the issue of liability. As mentioned in my earlier post, liability is... View More

3 Answers | Asked in Personal Injury for New York on
Q: Is a townhouse association liable for personal damages I suffered if I slipped and fell on common property ?

I slipped and fell dislocating and breaking my wrist with ligament damage. I underwent surgery to repair my wrist whereby two steel plates with screws were broken implanted into my wrist. I am in a cast and will require occupational and physical therapy for several months. My doctor said that I... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 28, 2025

So sorry to hear what happened to you. Property owners in New York have a legal duty to maintain their premises in a reasonably safe condition and are responsible for any harm caused by dangerous conditions about which they had notice. Merely slipping and falling on someone's property without... View More

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3 Answers | Asked in Personal Injury for New York on
Q: Is a townhouse association liable for personal damages I suffered if I slipped and fell on common property ?

I slipped and fell dislocating and breaking my wrist with ligament damage. I underwent surgery to repair my wrist whereby two steel plates with screws were broken implanted into my wrist. I am in a cast and will require occupational and physical therapy for several months. My doctor said that I... View More

Tim Akpinar
Tim Akpinar
answered on Jan 28, 2025

I'm sorry about your accident and injuries. As my colleague correctly states, liability could hinge on demonstrating a dangerous condition, together with any applicable notice elements. There could be a number of issues to sort out here, in terms of the cause of the accident, liability,... View More

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3 Answers | Asked in Personal Injury for New York on
Q: Is a townhouse association liable for personal damages I suffered if I slipped and fell on common property ?

I slipped and fell dislocating and breaking my wrist with ligament damage. I underwent surgery to repair my wrist whereby two steel plates with screws were broken implanted into my wrist. I am in a cast and will require occupational and physical therapy for several months. My doctor said that I... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 30, 2025

Yes, the townhouse association where you slipped and fell will be responsible to pay for your damages if and only if they were negligent in causing your damages. You have the burden to prove that they were at fault. You can do this through pictures, witnesses, videos, or whatever other evidence you... View More

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1 Answer | Asked in Car Accidents, Civil Litigation, Personal Injury and Wrongful Death for New York on
Q: 5 volunteers are organizing 50th HS reunion in NY. Facility has $1M liability ins. Should the 5 also get liability ins?

Facility hosting event is a Moose Lodge. Is it possible state &/or local laws in Town of Huntington/Suffolk County may also extend legal responsibility to 'volunteer' planners of reunion event who rented Moose lodge (where alcoholic beverages will be served as part of the fee to... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 23, 2025

Hard to say without reviewing the terms and conditions of the Moose Lodge's liability policy. It might be easier (and cheaper) to speak with the lodge's insurance broker and ask to have the volunteers added as "additional insureds" under the existing policy. Either way, if the... View More

2 Answers | Asked in Consumer Law, Personal Injury and Small Claims for New York on
Q: Do I have a case after I was hospitalized due to consuming a baked good product and continue to suffer in pain while eat

I consumed a cake for a special occasion from a bakery. This is the only item that I consumed which was different from my usual diet in months since I don't eat outside food. I experienced severe abdominal pain which kept increasing in intensity for the next 2 weeks. At that point, the pain... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 13, 2025

Sorry to hear what you're going through. Absent any evidence that the cake you ate was not fit for human consumption or that the bakery failed to disclose ingredients in the cake to which customers are often allergic (such as nuts), there'd be no basis to sue the bakery. Moreover, you... View More

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2 Answers | Asked in Consumer Law, Personal Injury and Small Claims for New York on
Q: Do I have a case after I was hospitalized due to consuming a baked good product and continue to suffer in pain while eat

I consumed a cake for a special occasion from a bakery. This is the only item that I consumed which was different from my usual diet in months since I don't eat outside food. I experienced severe abdominal pain which kept increasing in intensity for the next 2 weeks. At that point, the pain... View More

Stephen Bilkis
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answered on Jan 17, 2025

I'm sorry to hear about the significant pain and challenges you’ve been experiencing. Situations involving health issues from consuming a food product can be overwhelming, and understanding your legal rights in this matter is an important step.

In New York, pursuing a case against a...
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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: Lost records?

Does the hospital and your patient portal only hold your records for 5 years? How do you retrieve your records after that?

Marco Caviglia
Marco Caviglia
answered on Jan 9, 2025

NYS requires 6 yea retention of patient reocrds:

(4) Medical records shall be retained in their original or legally reproduced form for a period of at least six years from the date of discharge or three years after the patient's age of majority (18 years), whichever is longer, or at...
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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: Lost records?

I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 14, 2025

Yes, you can still request your records from the hospital. You'll need to submit a HIPAA authorization, https://www.nycourts.gov/forms/hipaa_fillable.pdf The hospital might charge you a fee to copy your chart ($0.75 per page). As my colleague correctly advised, the statute of limitations on... View More

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: Lost records?

I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2025

I'm sorry about your ordeal with the surgery. Yes, you can request them through the portal. It's hard to say if the hospital "wanted those records gone," as you put it. That could invite an allegation of spoliation of evidence (destruction of evidence). A reputable health care... View More

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5 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I get a hereby summoned by hit a pedestrian, and the office that filed the complaint wants to talk to me ?

I received a hereby summoned for a pedestrian accident, in the complaint they claim permanent physical and mental damages that exceed the coverage limit, although I think that is not the case due to the way in which the events were presented, I have already sent the documents for this claim to my... View More

Mark A. Siesel
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answered on Jan 6, 2025

Under no circumstances should you speak to the lawyer for the plaintiff without a lawyer representing you. Any statements or admissions you make to that lawyer will be used in the civil case against you, and if you have inadequate liability coverage but have assets above that coverage, could be... View More

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5 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I get a hereby summoned by hit a pedestrian, and the office that filed the complaint wants to talk to me ?

I received a hereby summoned for a pedestrian accident, in the complaint they claim permanent physical and mental damages that exceed the coverage limit, although I think that is not the case due to the way in which the events were presented, I have already sent the documents for this claim to my... View More

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2025

No, you don't want to do that on your own. You want YOUR attorney there, who should normally be provided free of charge by your insurance carrier. You did the right thing by turning the documents over to your insurance company. What happens next? Your insurance carrier assigns a defense... View More

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5 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I get a hereby summoned by hit a pedestrian, and the office that filed the complaint wants to talk to me ?

I received a hereby summoned for a pedestrian accident, in the complaint they claim permanent physical and mental damages that exceed the coverage limit, although I think that is not the case due to the way in which the events were presented, I have already sent the documents for this claim to my... View More

Michael Hupy
Michael Hupy
answered on Jan 7, 2025

It seems you're dealing with a complex legal situation related to a pedestrian accident, where the plaintiff (the person who was hit) claims significant physical and mental damages that exceed the coverage provided by your insurance. You also mentioned that the person who delivered the summons... View More

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5 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I get a hereby summoned by hit a pedestrian, and the office that filed the complaint wants to talk to me ?

I received a hereby summoned for a pedestrian accident, in the complaint they claim permanent physical and mental damages that exceed the coverage limit, although I think that is not the case due to the way in which the events were presented, I have already sent the documents for this claim to my... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 13, 2025

As my colleagues correctly advised, there could be many reasons why plaintiff's counsel wants to speak with you. That said, don't speak with them. Anything you say to them can be used against you in the civil lawsuit against you. You've already turned the matter over to your... View More

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5 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I get a hereby summoned by hit a pedestrian, and the office that filed the complaint wants to talk to me ?

I received a hereby summoned for a pedestrian accident, in the complaint they claim permanent physical and mental damages that exceed the coverage limit, although I think that is not the case due to the way in which the events were presented, I have already sent the documents for this claim to my... View More

Stephen Bilkis
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answered on Jan 17, 2025

I'm sorry to hear about the difficult situation you are navigating. Dealing with legal claims after an accident can be overwhelming, especially when allegations exceed insurance coverage limits. Understanding your rights and the proper steps to take is crucial in protecting your interests.... View More

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Traffic Tickets for New York on
Q: More than 1 year later I get a Hereby summoned by hit a pedestrian, Should I report to my insurance or get a lawyer too

A pedestrian crossed the street several feet away from the crosswalk during a heavy rain, I called 911 but the pedestrian wanted to leave and I didn't let him and I told him he had to wait because I called for attention, the firefighters arrived and asked him if he felt anything, he said no... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 6, 2025

As my colleague correctly advised, report this matter to the insurance company you had at the time of the incident. It will perform its own investigation of the occurrence, assign counsel to defend you in the lawsuit and pay any judgment entered against you up to the limits of your liability... View More

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Personal Injury and Traffic Tickets for New York on
Q: More than 1 year later I get a Hereby summoned by hit a pedestrian, Should I report to my insurance or get a lawyer too

A pedestrian crossed the street several feet away from the crosswalk during a heavy rain, I called 911 but the pedestrian wanted to leave and I didn't let him and I told him he had to wait because I called for attention, the firefighters arrived and asked him if he felt anything, he said no... View More

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2025

You should let your insurance carrier handle the response. Make a copy of the summons and complaint and give the original to the insurance carrier with whom you had a policy in effect at the time of the accident. Do this immediately, as there is a short time window in which to respond. Keep a copy... View More

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2 Answers | Asked in Personal Injury for New York on
Q: Can I sue a mirror company that manufactured a mirror that made me go crazy and made me attempt suicide.

Can I sue a mirror company that manufactured a mirror that made me go crazy and made me attempt suicide. Carolina mirror produced a wall mirror that was covering the whole wall in my house. As a result of the mirror, I was very unhappy and attempted suicide. Can I sue the carolina mirror company... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 3, 2025

Sorry to hear what you've gone through. Although you may have disliked what you saw in the mirror, you have not described how the mirror itself was dangerous or defective. Rather, the mirror appears to have performed as warranted. As such, the manufacturer of the mirror would not be legally... View More

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2 Answers | Asked in Personal Injury for New York on
Q: Can I sue a mirror company that manufactured a mirror that made me go crazy and made me attempt suicide.

Can I sue a mirror company that manufactured a mirror that made me go crazy and made me attempt suicide. Carolina mirror produced a wall mirror that was covering the whole wall in my house. As a result of the mirror, I was very unhappy and attempted suicide. Can I sue the carolina mirror company... View More

Stephen Bilkis
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answered on Jan 17, 2025

I’m sorry to hear about the struggles you’ve been going through. This is a difficult situation, and I hope you are receiving support from professionals and loved ones during this time. From a legal perspective, I will address the question of whether you can pursue a lawsuit against the mirror... View More

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3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: Is it legal to place a blank (no amount)social service 104 lien on my personal injury settlement in NY. Its a NF car acc

My case settled 4 months ago and my lawyer has not cleared the lien because they are waiting on a amount from DSS. And i have not received notice by mail of this lien from DSS.

Stephen Bilkis
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answered on Dec 10, 2024

I'm sorry to hear about the difficult and confusing situation you are facing. In New York, it is generally permissible for government agencies, such as the Department of Social Services (DSS), to place a lien on a personal injury settlement to recover costs associated with providing services.... View More

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