Syracuse Personal Injury Law Blog
Businesses that regularly welcome customers into their facilities have a duty to ensure that their premises are safe. Sadly, not all businesses uphold applicable safety standards and allow dangerous conditions to exist on their property. If such neglect leads to a fall, the injured party may be able to pursue claims against the business. In some cases, expert testimony may be necessary to demonstrate the defendant’s deviation from the standard of care, as discussed in a recent New York case. If you suffered harm in a slip and fall accident, meeting with a Syracuse personal injury lawyer about your rights is in your best interest.
History of the Case
It is reported that the plaintiff filed a lawsuit against the defendant after sustaining injuries from a fall at a United States Post Office. The incident occurred when the plaintiff was at the post office to mail packages. After dropping off several packages inside, she was directed to take the last package, a typewriter, to the loading dock. As the plaintiff walked toward the dock, she stepped onto a single-step landing that was part of the loading area.
Allegedly, after handing the package to an employee, the plaintiff turned around to walk away but slipped on the yellow-painted edge of the landing, falling and breaking three bones in her right foot. The plaintiff alleged that the landing was unsafe, with a worn and slippery surface, and that trucks backing into the dock had further damaged the area. The plaintiff’s expert supported these claims, stating that the landing’s height and slope violated safety standards. The defendant moved to exclude the expert testimony and sought summary judgment, arguing that the plaintiff failed to establish negligence or a dangerous condition.
Expert Testimony in Slip and Fall Cases
The court first addressed the defendant’s motion to exclude the plaintiff’s expert’s testimony. It partially granted the motion, ruling that certain portions of the plaintiff’s expert’s opinions formed inadmissible legal conclusions, such as labeling the defendant as negligent or the landing as a means of egress.
However, the court allowed other parts of his testimony that dealt with safety standards, noting that these could assist in determining whether the conditions of the loading dock departed from accepted practices. The court then denied the defendant’s motion for summary judgment, finding that there were genuine issues of material fact regarding whether the landing posed a dangerous condition and whether the defendant had constructive notice of the hazard.
The court concluded that it could not determine at this stage whether the post office had adequately maintained the loading dock and whether the plaintiff’s fall resulted from the alleged hazardous conditions. The case was set to proceed to trial, where the court would serve as the fact-finder.
Talk to a Dedicated Syracuse Personal Injury Attorney
If you were hurt in a slip and fall accident, you may be able to recover compensation, and you should talk to an attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, our dedicated Syracuse personal injury attorneys are well-versed in what it takes to prevail in cases against negligent parties, and if we represent you, we will advocate aggressively on your behalf. You can contact us through our form online or by calling us at 833-247-8427 to arrange a consultation.