Ask Me Help Desk - Pain & suffering because of a fall caused by a City water valve in the sidewalk

I had a fall after tripping over a water shut off valve sticking up in the sidewalk about about 3 inches high because the concert settled, 1 block from my home while out for an evening walk. The raised shut off valve causes me to trip, by my toe of my shoe getting stuck under it. It ripped my leather walking shoe, and caused me to have a sprained hip and groin muscle pull. I when to my doctors the next day, because I am so sore. My doctor diagnosed me with a sprain hip and pulled groin muscle and said it will take about 3 months to totally feel well again in these two areas. I have called the City water department and the next day they fixed the shut off valve and made it flush to the sidewalk. I also ask them for a Claim form to file a claim of doctors bills, and replace my shoes. My husband said I should also ask them for pain and suffering compensation too. Is this true? Can I ask for this and HOW much money would I ask the City water Dept. For? How is this figured?

They could offer some settlement but their insurance company will do that advising. They may not be held liable unless it can be proved that they knew the concrete settled causing the liability and then did nothing to fix it. That might be tricky to prove in court if you were to sue them.

The City Clerk stated they knew about the 7th St. settling of the concrete since the sewers were fixed in the fall of 2011 and that they had X'ed in Red with spray paint sidewalk areas to be fixed - it was also in the City Newsletter about the sidewalks being fixed in the spring of 2012, because the sewer replacement had made some sidewalks to move, crack or settle.

If this went to court they would use what you just told me to defend themselves saying they made an attempt to draw your attention to the danger.

I can not walk on my own street to go off it - to go for a walk? That is crazy, the place where I tripped is just 5 houses down from where I live and then next to the cross walk or next street where I turn to walk on a different street. Am I suppose to stay trapped in my home or walk on the street itself, because the sidewalks are messed up because the city replaced the sewer last fall? I am suppose to walk - Dr.'s orders for my health 20 minutes a day. I was pushing a stroller and it was dust and for these two reasons I missed seeing the Water Valve?

Fron what you are saying, the city intended to fix the raised valve, and they marked the area to indicate danger. You would have a very hard time proving that they were negligent, especially if you knew of the pending repair. It won't help that the area is so close to your home, and you say that you are under doctor's orders to walk on a daily basis... they'll say that you almost certainly saw the marked off area before and knew it was there.

From the information that you provided, I think you would have a hard time winning a lawsuit. They could defend by saying that they marked the area, and you either ignored the markings, or didn't pay attention to them. I'm very sorry for your injury and the pain that you are experiencing, but I think that you are very unlikely to recover in a lawsuit.

Hello D:

I disagree with my friends... INTENDING to fix a problem, and MARKING it well, is NOT fixing the problem.. I believe you have a case - for pain and suffering too.

But, they're not just going lay down for you... First off, the city will undoubtedly deny your claim, and they have a year within which to do that.. So, you can't even FILE a lawsuit for a year. And, then you're going to need a lawyer... They're not going to lay down then either.

Will you win?? I don't know. I'd give it 60/40 in your favor.

excon

Quote:

Originally Posted by DedeSeg

I had a fall after tripping over a water shut off valve sticking up in the sidewalk about about 3 inches high because the concert settled, 1 block from my home while out for an evening walk. The raised shut off valve causes me to trip, by my toe of my shoe getting stuck under it. It ripped my leather walking shoe, and caused me to have a sprained hip and groin muscle pull. I when to my doctors the next day, because I am so sore. My doctor diagnosed me with a sprain hip and pulled groin muscle and said it will take about 3 months to totally feel well again in these two areas. I have called the City water department and the next day they fixed the shut off valve and made it flush to the sidewalk. I also ask them for a Claim form to file a claim of doctors bills, and replace my shoes. My husband said I should also ask them for pain and suffering compensation too. Is this true? Can I ask for this and HOW much money would I ask the City water Dept. For? How is this figured?

I'm actually a liability investigator - in NY.

First, you have to make a written claim within 90 days (in NY). If you have any plans of SUING you must do that in every State I know. The written claim basically gives your ID'ing info and a description of where the accident happened, when (date and time), and a BRIEF description of the accident. In your case it's tripped or shoe caught and lurched forward or whatever. Do NOT pin yourself down to a very specific description (because you will have to live with it). Same with injuries - injury to hip, leg, whatever.

How much is it worth? How restricted are/were you due to the injury? What does your Doctor say about your limitations? Examples would be inability to walk up/down stairs, inability to lift your child, inability to CARRY your child and safely walk.

The dollar amount? Again - depends on the injury. If you intend to set a dollar amount based on anything other than physical problems it will be a mistake - you won't be rewarded because the City was negligent and you want to teach them a lesson.

Keep in mind that it's you vs the City and City Attorneys who are PAID to do this type of work day in and day out. Anything over Small Claims limits will be expensive to pursue. What is the Small Claims limit in your area? It's a more informal Court with minimal filing fees and you very well may have a sympathy factor which you will NOT have in a superior Court.

Quote:

Originally Posted by DedeSeg

I can not walk on my own street to go off of it - to go for a walk? that is crazy, the place where I tripped is just 5 houses down from where I live and then next to the cross walk or next street where I turn to walk on a different street. Am I suppose to stay trapped in my home or walk on the street itself, because the sidewalks are messed up because the city replaced the sewer last fall? I am suppose to walk - Dr.'s orders for my health 20 mins a day. I was pushing a stroller and it was dust and for these two reasons I missed seeing the Water Valve?

This attitude is going to hurt you. I understand you are frustrated and upset and injured BUT... you are mixing "am I suppose(d)" with the law.

I see problems on both sides here. Very obviously the City was aware of the problem. They marked it at some point (I'm not clicking screen to screen to see when) and "maybe" didn't repair it within a reasonable time frame. The important part is THEY HAD PRIOR NOTICE OF THE DEFECT. Now a "reasonable" time frame comes into play. Were other similar repairs made but this one was not?

Your problem is you already had a health concern - you were ordered by your Physician to walk for 20 minutes a day. Was this a factor in the accident OR did this change the time frame within which a "reasonable" person would have healed or would a "reasonable" person not have been injured as seriously as you were injured? That's for your Doctor to argue.

Next problem - you were aware of the problem before the accident because the accident scene is 5 houses from where you live and you STILL tripped (or whatever) over the pipe? You were never aware it was there OR you were aware and didn't see it this particular day. The latter is somewhat understandable. How many people walk on the sidewalk every day? How many have been injured?

There is no question that the area was unsafe OR you wouldn't have fallen. The next question is whether you had some knowledge of the condition. Were you unable to walk in another direction, on the other side of the street, something else?

I would go to Small Claims Court and sue for whatever the limit is BUT I would be aware that there are arguments on both sides of this accident.

I also would NOT argue what you should or shouldn't be able to do and what is reasonable. You will offend the Court and make yourself look less than reasonable.

As I said - I'm a liability investigator in NY. This falls (loosely) under the category of slip and fall accidents. I do several of these every month, many because of snow or damage from snow, ice, plowing.

Did you get photographs AND measurements of the area before it was repaired? A pipe that is 6" out of the pavement and a pipe that is 2" are very different things.

I also want to add to all the excellent information Judy gave... the OP has admitted that her vision was obstructed by the stroller. That will almost certainly be a part of the city's defense if she decides to sue.

Quote:

Originally Posted by kcomissiong

I also want to add to all the excellent information Judy gave...the OP has admitted that her vision was obstructed by the stroller. That will almost certainly be a part of the city's defense if she decides to sue.

Sorry, but I disagree on this point. If this were assigned to me by either party I would NOT find it unreasonable or unforeseeable that a person would be pushing a stoller on a public sidewalk. It is (or should be) expected behavior. I don't think it's a factor nor do I think it would/should be a defense. Of course, you never know what anyone is going to say by means of defending an action.

Now - if the OP had been pushing a lawnmower that obstructed her view of the defect that would be a totally different story.

The OP was using the sidewalk for its intended purpose - that's in her favor. She was doing "something" which is legal and logical (and the purpose of the sidewalk).

Quote:

I would NOT find it unreasonable or unforeseeable that a person would be pushing a stoller on a public sidewalk. It is (or should be) expected behavior. I don't think it's a factor nor do I think it would/should be a defense. Of course, you never know what anyone is going to say by means of defending an action.

My mind went to this as a defense... if she saw it every other time she walked there, and she missed it this time, it was because she wasn't looking. Of course, we don't know any more detail than the OP gave us, so I won't continue to speculate on possible defenses. I do agree that she would have a better chance of being successful in small claims vs superior court

I'm a liability investigator. This is what I do for a living.

Whether she was or was not pushing the stroller is immaterial for the reasons I mentioned. I gave my opinion, explained how and what I would investigate.

I've worked both sides of these cases. As I said, anything can be a defense but failure to see it because she was pushing a stroller is not a defense.

And, of course, there are disagreements on the legal boards all the time.

I don't see the level of her injuries and pain and suffering rising to a superior court level - but until OP comes back we don't know that.