serious slip and fall injury

[mjcroft]

What is the name of your state? new york

hello, this is kind of stressful so ill get straight to the point.
yesterday my mother was getting off the bus in front of a national drug store and slid on some ice and fell. the fall resulted in a broken ankle that requires surgery and she will now miss over a month of work because its too swollen for them to operate and she is now in a cast that is literally up to her knee. she cant move and they are sending her to a surgeon in another town and we dont have a car she does not have insurance, and this surgeon may not see her because of it. we were told, not by an attorney, that there is no case because the sidewalk is public domain. i just cant believe that because she was right in front of this pharmacy they are responsible for this property, how are they not at fault? PLEASE PLEASE PLEASE HELP?

[fairisfair]

Originally Posted by mjcroft

What is the name of your state? new york

hello, this is kind of stressful so ill get straight to the point.
yesterday my mother was getting off the bus in front of a national drug store and slid on some ice and fell. the fall resulted in a broken ankle that requires surgery and she will now miss over a month of work because its too swollen for them to operate and she is now in a cast that is literally up to her knee. she cant move and they are sending her to a surgeon in another town and we dont have a car she does not have insurance, and this surgeon may not see her because of it. we were told, not by an attorney, that there is no case because the sidewalk is public domain. i just cant believe that because she was right in front of this pharmacy they are responsible for this property, how are they not at fault? PLEASE PLEASE PLEASE HELP?

you answered your own question.

your mother had the obligation to take reasonable care given the condistions. Obviously, in cold climates icy conditions exist and one must take precautions and exert care.

Had your mother fallen on ice inside the store, or due to negligence by the store, the answer would of course be different.

[mjcroft]

i didnt answer my own question, i clearly stated that i was told that by someone else who isnt an attorney. she obviously was not trying to fall however they did not salt their sidewalk like they are supposed to do and she fell. we have even had businesses in the paper here because they dont take proper care of their grounds which she was on. so i ask again what are her options.

[enjay]

Anyone can sue for anything. Your mother is free to bring a lawsuit against the pharmacy. She may win, she may not, but it will likely take a year or two to go through the legal process. In any event, she's on her own as far as getting her medical needs taken care of right now.

[seniorjudge]

Q: i didnt answer my own question, i clearly stated that i was told that by someone else who isnt an attorney. she obviously was not trying to fall however they did not salt their sidewalk like they are supposed to do and she fell. we have even had businesses in the paper here because they dont take proper care of their grounds which she was on. so i ask again what are her options.

A: Her options are to be more careful in the future. Even if there is an ordinance requiring somebody to salt a sidewalk, violation of the ordinance does not give rise to negligence. You live in a cold northern state; ice happens.

[mjcroft]

thank you enjay, i figured it wouldnt be an open shut thing. she just wants her medical bills taken care of, shes not at fault.

[Zigner]

Originally Posted by mjcroft

thank you enjay, i figured it wouldnt be an open shut thing. she just wants her medical bills taken care of, shes not at fault.

Sue the entity who is responsible for the ICE. Oh yeah, He's out of NY jurisdiction.

Get this straight - this WILL be an open and shut case - ice is a NATURAL thing. It is mom's responsibility to be careful. And, even if she WAS careful and slipped anyway - well, stuff happens.

[ecmst12]

Plus, the pharmacy probably doesn't own the building. If it was ANYONE'S responsibility to salt, it would have been the landlord. And again, no negligence. Maybe they did salt and it had already melted and re-frozen. Going out in icy conditions is dangerous.

[Ronin]

...there is no case because the sidewalk is public domain. i just cant believe that because she was right in front of this pharmacy they are responsible for this property, how are they not at fault? PLEASE PLEASE PLEASE HELP?

Seems like personal accountability is long gone and someone else is to blame for everything. It is highly unlikely you have any case against the pharmacy.

However, take a couple of pictures of the location where the fall occurred with the pharmacy in the background and take it to a personal injury attorney or two to get "an attorneys opinion". Plenty of these folks in the yellow pages and probably one on the back cover of your phone book.

Hey... maybe you can sue the city or even the bus line for not making sure their passengers have a safe place to step off the bus.