Have Legal Questions? Ask a Lawyer Now.
Dear Customer, thank you for choosing Just Answer. My name is XXXXX XXXXX I would like to assist you today.
I am sorry to learn of this painful condition, and I do hope that it improves following this unfortunate fall.
I understand that you have a personal injury attorney assisting you with this fall. That would be the best person to help you in this instance. A personal injury attorney will be able to file the tort claims act notice with the public entity responsible for the park, and then follow up with a civil tort claim against the park or the public agency responsible for the park as appropriate.
The tort claim against the park puts it on notice of the dangerous condition. In addition, if you like, you may file an additional notice with the city or parks service notifying them of the dangerous condition (you can do so by certified mail to ensure that the notice is received by the parks service and that they are put on notice).
If the parks service or city continues to ignore the situation, then it may make sense to go to a media outlet and see if they will publish your story.
I would strongly encourage you to speak with your attorney prior to sending any notice to the city, or going to the media. You do not have to heed his advice, but you should put him on notice of what you intend to do as it may impact your case.
I learned that they have immunity. I just want my medical bills paid for and for someone to understand that they permanently damaged my balance. Can we sue the league who cares for the park? Do they have immunity? And does my my balance, and how they ruined it, play a role at all? I'm not trypical case.
It didn't seem like anyone cared about the pipe.
How important is the tort claim? Can it be sent a week late or must it be within 3 months? All parties, the township, the league, know about me.
That may be the case. Unfortunately no matter how much you tell them, or notify them, you cannot force them to take action. What will happen is that if someone else is injured, the damages for that person will be increased due to their failure to repair or remedy the situation despite the fact that they had received notice of the dangerous condition.
Let me check the tort claims act specific to your state (every state has a different time frame), hopefully your attorney is aware of this as well.
It needs to be filed within 90 days of the occurrence. (Here is a short article by a New Jersey Firm regarding the NJ Tort Claims Act: http://www.bolegal.com/Articles/Personal-Injury-Articles/New-Jersey-Tort-Claims-Act.shtml)
OK. I'll read it. Thank you for your help.
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).