Visitor Question

Slipped and fell in the lobby of my building…

Submitted By: Carmen (Bronx, New York)

Two weeks ago, I went out to walk my dog. It was raining. When I came back into my building lobby, there is usually a long rug put out for the wet weather conditions. That day, it wasn’t out.

When I entered the lobby, I felt a slick spot under my sneaker and fell up in the air and slammed down hard on the wet marble floor. I winced in pain and had to be pulled up by my mom. I was driven to the ER and they said I suffered a distal radial fracture in my left wrist.

My mom took a photo of the lobby without the rug. When I came back from the ER the rug suddenly appeared. The super was told about my injury when I was in the ER and suddenly the rug has been in the lobby now for 2 weeks. Our lobby also has video cameras.

I am in a cast now for 4 more weeks, plus physical therapy. I’m on pain meds and in discomfort everyday since the fall. I am on SSI so I do not work. I was was wondering if I have a case? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Carmen,

You are dealing with the legal precept of Premises Liability, which basically means property owners have a legal duty to take all reasonable steps to assure persons on their property are safe from injury and undue harm. This includes, but is not limited to, assuring walkways are unobstructed and dry, stairwells are properly maintained, security cameras are in place, areas are properly lighted, and more.

It appears the property owner failed to take reasonable steps to provide for your safety. This failure is tantamount to negligence. When negligence can be shown, the property owner becomes liable for your injuries and resulting damages.

Damages can include medical bills, out of pocket expenses (for such items as medications, crutches, wheelchairs, costs of travel to and from treatment, etc.), lost wages, and in some cases pain and suffering.

Your injuries are serious enough to seek the counsel of several personal injury attorneys in your area. Most injury attorneys do not charge for initial office consultations, and do not charge any legal fees until, and unless they succeed in settling your claim or prevailing in court after trial.

After visiting with several personal injury attorneys you will have a better idea of the viability of your claim and the probability of success.

Learn more here: Apartment Building Injury Claims

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck with your claim,

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