Utica, NY Personal Injury Law Firms & Lawyers | Page 2 Results

You can make a claim, but there may be a question as to how much you can prove and what the extent of the injuries are. There are two separate issues. As for the broken dish in the salad, you did not state that there were any injuries, only that she "almost" swallowed a couple of pieces. If there is no injury, there is no case. As for getting "really" sick, first you will have to prove what it was that got you sick: was it ptomain? e-coli? botulism? You will also have to prove that it was from this restaurant. Did the Dept of Health make an inspection to find out what the restaurant did wrong? Finally, you will have to prove your "damages". Puking your guts out for a night is certainly unpleasant, but the amount of compensation to be expected is such that many attorneys may be unwilling to take the case on. You can go ahead and sue them yourselves in small claims court and you don't need a lawyer to do so. If you do, put in for the maximum amount available in your jurisdiction.

You may have a viable claim depending upon the facts of the accident, and in particular, whether the city knew or should have known that the crack (and/or the water) created a dangerous condition.