I am a police officer who was injured during an arrest. I was working with three other officers to arrest a mentally disturbed person who was belligerent to other people. During the arrest, one of my fellow officers discharged a taser into me by accident. I had some unknown cardiac issues, so I am unable … Continue reading Police and Firefighter Municipal Claims
Category: Claims Against Municipality
I was mugged while doing laundry in my apartment building. The police never caught the mugger, can I bring a claim for my injuries? I'm sorry this happened to you. You might have a claim against your landlord for lack of security in your building. Building security claims are dependent upon where the attack occurred … Continue reading Building Security
A recent Court of Appeals touches on an issue present in two prior posts: one post was on injuries at school, and a second post dealt with exculpatory clauses. The legal issue is Assumption of Risk. The Assumption of Risk rule announced in 1929 by legendary Judge Cardozo of the Court of the Appeals states: "one who … Continue reading Assumption of Risk
My daughter was injured playing softball at school. She broke her ankle and needed a rod and pins inserted in her leg to repair it. Can she sue the school? Injuries incurred while engaging in recreational activities may lead to a successful claim against the school. But while playing any sport, every particpant assumes that … Continue reading Injuries at School
The Court found that the crossing guard created a special duty of the police to insure the child would get home safely. But the Court repeated the rule that there is no general duty to insure citizens are never the victims of accidents or crimes.
My daughter came home from school complaining of an injury to her shoulder that she said another girl at school gave her, can I sue the school? There are many issues this type of case brings up which are just not addressed in the question. Rather than highlight what is not known, I will attempt … Continue reading Negligent Supervision
How long do I have to bring a court case if I am injured in an accident? This question is so general that there is not one answer. But the question itself refers to the idea that there is statute of limitations, or a cut off date, beyond which you cannot file a law suit … Continue reading Statute of Limitations for Personal Injury Cases
If I fell on a cracked and raised sidewalk in front of someone's house, can I make a claim for my injuries against the homeowner? The answer to this question is no. If you fell on a sidewalk in front of a one or two family house and not by a driveway, then the City … Continue reading Liability for Sidewalk in Need of Repair