My street is in repair for city plumbing. The company that has been completing the job, has been leaving heavy metal pipes and plastic ones on the side of the road on the grassy area between the street and the sidewalk. They have not always been marked off by plastic cones at either end to let people know that the pipes are there. While walking in the early am I accidently steped into the open end of a plastic pipe that was laying horizontally on the ground and i was tripped up and fell directly to the ground. My knee was bruised and my shoulder is extremely damaged to the point that I having difficult time moving it without severe pain. I will be seeing a doctor concerning it next week. What should be my next step concerning filing a claim against the company for neglience?
State/Country relating to Question: Massachusetts
not sure how to proceed, Although I did call the company to complain and report the incident. Later that day they had marked all the pipes with plastic cones at each end . The also removed the plastic pipe that I had stepped into which actually broke where I stepped into it.
You need to consult a local attorney who can send a demand letter once the injuries are stabilized, and will file a timely claim against any appropriate government entities that owned the property where this happened, or which hired the construction company.It would be a good idea to photograph all the bruises while they are still visible so you will have evidence that there were bruises. Photos of the scene of the incident would also be helpful. Seeing a doctor as soon as possible is a good idea, and you need to know what happened to your shoulder.You need to determine the extent of your damages before you can settle the claim. It is malpractice for an attorney to settle an injury claim before the injuries have been diagnosed and have stabilized. You may or may not have torn one or more parts of the rotator cuff, but from your description, that is what I suspect.You can get a free consultation from some of the premises liability attorneys listed by location athttp://lawyers.findlaw.com/lawyer/practicestate/Premises-Liability----Plaintiff/MassachusettsI urge you to follow up on this with a local attorney either before or after you get a preliminary diagnosis.I hope this information is helpful.
Thank you for accepting my answer.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).