Quote:
Originally Posted by Kevin
I think a lot depends on New York's act concerning tort claims against the state or city. That aside, I think she's going to have some serious issues with contributory negligence. I don't think it's much of a case. And it doesn't seem that the girl suffered any major damages. It sounds like the mother is a very simple person who sees a payday in her future.
On these facts, I'd probably decline to represent her.
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That's what I was going to say - contributory negligence could be a huge issue, especially if NY is a state (I don't know that it is) where either:
1) Any comparative negligence knocks you out of damages, or;
2) More than 50% comparative negligence knocks you out.
Plus, there's case law in some states (like CT for example) where courts have found that individuals have a responsibility to keep a good lookout for their surroundings.
Either way I'd agree, she doesn't have a great case.
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