Articles Posted in Premises Liability

When tenants and visitors use staircases in apartment buildings, they expect those stairs to be reasonably safe. A single misstep can cause serious injury, and premises liability law gives injured individuals the right to pursue claims when dangerous conditions are left uncorrected. But not every uneven surface or crack will support a lawsuit. A recent decision from a New York court highlights the limits of liability, showing that minor, trivial defects are not actionable. If you have been hurt in a fall on another’s property, it is critical to consult with a Syracuse premises liability attorney who can evaluate whether the facts of your case are sufficient to establish negligence.

Factual and Procedural Background

It is reported that the plaintiff brought consolidated actions against the defendants, the owner and manager of her apartment building, after she allegedly sustained injuries while descending an interior staircase. In her bills of particulars, the plaintiff stated that her fall occurred on the “B staircase between the lobby and the 1st floor on the 7th step up from the bottom.”

Allegedly, during her deposition, the plaintiff admitted she was uncertain which stairwell she used at the time of the fall, suggesting it may have been the “A” staircase instead of “B.” However, she described the route she took before the fall and identified photographs that, she claimed, accurately depicted a cracked and uneven step that caused her to trip. The defendants moved for summary judgment, arguing that the plaintiff could not identify the cause of her fall without speculation and that, in any event, the alleged defect was too minor to be actionable. The trial court denied the motion, and the defendants appealed. Continue Reading ›

Slip and fall accidents happen with regularity in superstores, and in most instances, they are caused by liquid or other slippery substances that have spilled onto the ground. Store owners have an obligation under the law to maintain their premises in a safe condition, and they can be held accountable for the harm that arises out of slip and fall incidents. As explained in a recent ruling issued by a New York court, however, a store owner will only be deemed liable if the injured party can show that the owner knew or should have known of the presence of the condition that caused the fall. If you suffered injuries in a fall that happened while you were shopping, it is smart to talk to a Syracuse personal injury lawyer to evaluate whether you may be able to recover compensation in a civil lawsuit.

The Facts of the Case

Reportedly, the plaintiff was shopping at the defendant’s superstore in March 2020 when he slipped and fell in a puddle of pasta sauce in one of the store’s aisles. The sauce had not yet congealed but was still liquid at the time of the fall, and both the floor and the sauce were white. The plaintiff did not notice the sauce before he fell, and he reported that other than the puddle, the floor was clean.

It is alleged that the plaintiff filed a premises liability lawsuit against the defendant, alleging its negligent failure to maintain the store in a safe condition caused the plaintiff’s fall and subsequent injuries. The defendant moved for summary judgment on the grounds that the plaintiff failed to show that the defendant had actual or constructive notice of the spill prior to the plaintiff’s fall. Continue Reading ›

New York is home to many hotels that countless people stay in each year. People visiting hotels typically anticipate that they will have a safe and enjoyable experience, but it is not uncommon for hotel guests to encounter dangerous conditions that cause them to trip and fall. Fortunately, many people hurt in falls can recover compensation from the owner of the property where the incident occurred. If you sustained harm in a fall, it is advisable to meet with a Syracuse personal injury attorney to discuss your rights.

The Plaintiff’s Fall

It is reported that the plaintiff suffered injuries when she tripped and fell in the hallway of the defendant’s hotel. She filed a personal injury lawsuit against the manager of the hotel and the entities that owned it, arguing that their negligence caused her fall and subsequent damages. Specifically, she averred that there was a defect in the carpet that caught her foot, causing her to tumble. The defendants moved for summary judgment, arguing that the plaintiff failed to show they were responsible for or had actual or constructive notice of the alleged defect, and therefore they could not be held liable for negligence.

Proving Liability for a Trip and Fall Accident

In analyzing the defendant’s motion, the court explained that, under New York law, a plaintiff asserting a negligence claim must show that they were owed a duty of care by the defendant, a breach of the duty by the defendant, and damages that were proximately caused by the breach. Further, in order for a defendant to be found liable for a slip and fall accident, the plaintiff must produce evidence showing both that a defective or dangerous condition existed and that the defendant either created the defect or had actual or constructive knowledge of its existence but failed to repair it within a reasonable amount of time. Continue Reading ›

Under New York law, property owners have a duty to maintain their premises so that they are safe for all legal entrants. When property owners fail to uphold this obligation, it often leads to dangerous conditions, and people hurt in accidents caused by such hazards may be able to recover damages via premises liability lawsuits. Recently, a New York court issued an opinion discussing what a plaintiff must prove to establish that a property owner should be held liable for harm suffered in a slip and fall accident caused by a known hazard. If you were hurt in a fall on someone else’s property, you should speak to a trusted Syracuse slip and fall accident attorney to determine what claims you may be able to pursue.

The Plaintiff’s Harm

It is reported that the plaintiff was an adult camper at a camp owned by the defendants. The camp, which was for developmentally disabled adults, had a path that ran behind the dining hall. When the plaintiff was walking on the path one evening, he slipped and fell down an embankment and sustained injuries. The path was bordered by a strip of grass, which was wet from evening dew at the time of the fall, and did not have a railing.

Allegedly, the plaintiff’s mother filed a lawsuit against the defendant on behalf of the plaintiff, alleging negligence claims. The plaintiff could not offer testimony as to the circumstances that led to the fall due to his disabilities. Thus, the defendant moved for summary judgment on the grounds that the plaintiff could not establish how the fall occurred. The court granted the motion, and the plaintiff appealed. Continue Reading ›

Property owners are not liable for every injury that happens on their premises. For instance, it would be unlikely that liability would lie with a property owner in a Syracuse premises liability lawsuit in which a passerby was struck by a limb blown down by tornadic or hurricane-force winds.

However, if a particular accident was reasonably foreseeable to the property owner, liability may indeed be imposed. In the example of the downed limb, the landowner might become liable if the injured person could prove that the limb in question was from a dead tree that, in the exercise of reasonable care, should have been cut down months or even years before the plaintiff’s injury and could have been blown down by much less severe winds. In other words, maybe that tree branch was “an accident just waiting to happen.”

Snow and ice are also natural events about which a property owner’s liability depends very much on the circumstances of a particular accident. In some situations, others besides the landowner may also be held liable.

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Property owners and those that own businesses have certain obligations to the public. While stores, restaurants, and shops aren’t the insurers of every individual who sets foot on their premises, they do have a responsibility to take reasonable measures to prevent harm to others.

In many cases, the resolution of whether or not the business or landowner is liable for a guest’s Syracuse premises liability accident depends upon how long the allegedly dangerous condition existed. Even if the property owner did not have actual notice of the condition, there could still be liability if “constructive” notice was present.

Constructive notice exists when a condition was in place long enough for a reasonably prudent business or landowner to have become aware of the danger and taken steps to correct it. The exact time necessary for constructive notice to be present is usually dependent upon the facts of a specific case.

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Property owners have certain duties to the general public, especially those who come upon their premises for a business purpose (such as a customer shopping in a store). When the landowner or property manager does not maintain a place of business in a reasonably safe manner, a person injured thereby may have grounds to file a Syracuse premises liability claim.

It is important to seek legal counsel as soon as possible after such an accident, as spoliation of the evidence can create challenges later on as the plaintiff seeks to establish a case of liability. Photos should be taken of the scene, witnesses should be interviewed, and any surveillance video should be preserved.

An attorney experienced in such matters can be a great asset to a person injured on another’s property. Together, the injured person and his or her counsel can build as strong a case as possible against the landowner as the case progresses towards a trial by jury.

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