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February 26th, 2008

New York Slip (or Trip) And Fall Lawsuits – A Couple of Notes


A couple of links today to point you elsewhere, because I see no need to re-invent the wheel on some basics for the practitioner.

First is an intake questionnaire for a slip and fall case [10/5/09: That page, from a company called Beacon Network Investigations, with a list of various questions, has now been altered] to get the basic information you need. When I see one of these, I always cross-check it against my own to see if I can improve the one I use.

Note that it is not comprehensive. It’s missing, for example. the date/time/place. And every intake sheet in a personal injury case should ask if the client has filed for bankruptcy or intends to. (Because if they do, any potential suit belongs to the bankruptcy trustee, not the injured person.). Nevertheless, it’s always good to see if one’s own intake forms can be improved or refreshed by looking at others.

Next up is an article on snow and ice cases written by Scott Kreppein for a local lawyer’s quarterly that he has reprinted. Cases regarding injuries from falls on snow and ice get tossed out by the courts all the time (see, for example, Sip and Fall on Ice/Slush – Case Dismissed) because a storm is still in progress or for other reasons. It’s important to know this stuff before the client interview, so that the attorney can do a proper analyses and not find him or herself with an unhappy client and unhappy bank account a year or two later. A good post to copy and save, and one that includes additional practitioner tips.

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