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What to do if you’ve been injured in someone else’s property

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When I receive a phone call from a client or a family member and they tell me that their loved one or themselves have been injured due to some defect in some premises whether it’s a fall or something collapsing, I urge them to of course take photographs, to identify what witnesses there are, if there are any, to secure from the property owner if possible the incident report, and I must warn you, that based on my experience the large retailers almost are sure trained not to give you an incident report.

Make sure you establish, if you’re in that situation, yes of course I’ll cooperate, I’ll tell you exactly what happened, but would you promise to give me a copy of this report. That’s critical, and then also if you contacted myself or my firm, of course we have investigators who we dispatch to record and document what happened and to try to identify again, are there any cameras and what witnesses are there, so these are the critical things, these cases are won and loss, believe it or not at the inception and too often I have cases come along, maybe some other lawyers handle it and the preparation wasn’t put into the case and it really makes it difficult to be successful for the client.

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Kingston Office

255 Fair Street, P.O. Box 3356
Kingston, New York 12402

Phone: 845-331-4100
Fax: 845-331-6930

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1390 Route 9W, P.O. Box 727
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Phone: 845-236-4411
Fax: 845-236-3190

Rusk, Wadlin, Heppner & Martuscello, LLP, is located in Kingston, NY and Marlboro, NY and serves clients in and around Ulster County as well as parts of Orange, Dutchess, Columbia and Greene Counties as well as many surrounding areas.

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