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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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First, I am handicap. I have motor skills loss from a brain

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First, I am handicap. I have motor skills loss from a brain tumor. So I don’t have great balance. I don’t fall, just wobble sometimes.

I was at at-Ball game on Wednesday June 5, 2013. My friend invited me; she’s the team mom. I was in the dugout area, where the parents stay, and tripped on something as I was walking. It was a pipe sticking out of the ground. Leaves were covering the pipe and I didn’t see it. I fell onto my right side, twisted my ankle and hurt my arm.

I didn’t report it because I didn’t know it was going to turn into something big. But I did go to the doctor and I have a sprained ankle. I’ve been trying to rest it, use ice packs, and use Epson salt. Unfortunately, my ankle isn’t any better.

In fact, I’m worse. Because of my weak left side, I keep falling. I’ve taken 2 serious falls. Once at a store and then another one on Thursday. I was in the shower and fell when I was about to rest my right ankle. I fell and hit the side of the tub. I had to go to the ER because I thought I broke a rib. Luckily, I only have bruised ribs, bruised knee, and pulled muscles in my neck. I’m very concerned about my future. I can’t keep falling like this.

I realize that parks have immunity. A baseball league cares for the property. They know about my fall. I need someone to take responsibility for this. Had I known that area was dangerous, with a pipe sticking inches out of the ground, I never would have gone back there.

I have an attorney to guide me and will help with the tort claim. That pipe is dangerous for everyone and now I’m really handicap and in danger when I walk.

What should I do? Go to the mayor/senator, the news? I'm just very upset about this. How can I get someone to take my case seriously and understand that the pipe is in a terrible location. It should be covered, if nothing else.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

I am sorry to learn of this painful condition, and I do hope that it improves following this unfortunate fall.

William B. Esq. :

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.

William B. Esq. :

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).

William B. Esq. :

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.

William B. Esq. :

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.

Customer:

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.

Customer:

It didn't seem like anyone cared about the pipe.

Customer:

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.

William B. Esq. :

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.

William B. Esq. :

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.

William B. Esq. :

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)

Customer:

OK. I'll read it. Thank you for your help.

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