Questions for CTLawyer

Daddy’s girl>>>>>>>>>>>>>>>>>..
The first question that must be answered in both cases is:
What is the statute of limitations in the jurisdiction. That sets out the time limits for filing lawsuits after an incident. It varies by jurisdictions, and also may vary by type of lawsuit.
In some places it is two years, other states are three years. Please don’t ask for specific info on your state, as lawyers are not licensed country wide in the USA. I only maintain CT, MA and FL licenses at this point in my career. I can’t answer specific questions as you or the hurt person is not my client.

The next question to ask is:
Who owns the property where the injury occurred?
For example, if the park is town owned, a suit can be filed against the town. If it was a state park, many states, including Connecticut, may not be sued without first gaining their permission, They have ‘sovereign immunity.’

Just because someone is injured in a location, doesn’t mean the owner was negligent and that a lawsuit will be won.

This is why a consultation with an attorney (they generally don’t charge for this first meeting to evaluate whether there is a case to pursue) is important.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>.
Let’s talk about the fall on the ice,
The attorney will inquire whether there was a storm going on, or how long the fall occurred after the storm ended.
Some communities give property owners anywhere from 4-24 hours after the end of a storm to clear ice and snow. That may be daylight hours, so that if a storm ends at 2 AM the clock starts ticking at 8 AM

Did the person that fell see the path was not cleared and entered anyway. If so, contributory negligence may be a factor and in some states could reduce or eliminate the award in court.

Did the person who fell notify the owner promptly?

So many questions?

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Basic answer, if you are within the statute of limitations and the entity is one that may be sued according to the law, you can sue. Will you win is quite a different question.

Hi there, CTLawyer:

Do you mind giving free consultations to readers of The Coffee Room? Isn’t that what you went to school to have a profession? If you don’t mind, may you continue doing many more chassadim.

@thefrumguy
I write about basic legal issues in the CR. I don’t and can’t offer specific legal advice to non-clients. B”H I am nearing retirement from a long career and can afford to give advice of this nature without charge.
I am careful to state the rules vary by jurisdiction and that I only carry licenses in CT, MA and FL.

In this thread, huju, points out the 30 requirement to put NYC on notice of intent to sue. That is exactly the type of jurisdictional difference I warn about.

I enjoy these discussions or I would not proffer experience in my profession.