September 23rd marked the first day of Autumn and from now until the first
day of winter on December 21st the sun will progressively set earlier
in the day. In fact, darkness eventually falls before 5 O’clock
pm in the Hudson Valley region very soon, usually before December.
Experienced Newburgh slip and fall attorneys see numerous slip and fall accidents caused due to darkness and poor lighting.
Of course the time of sunset is out of our control, but proper lighting
is well within the control of a property owner.
Interior and exterior stairways must be kept illuminated properly. Common
areas, such as hallways, in apartment buildings, business locations, and
hotels must too be so lit. Entry and exit ways at stores should be lighted
appropriately. Sidewalks, parking lots, and parking garages must be adequately
lit as well. It is easy for a
slip and fall accident to occur when the lighting is poor, especially during the fall when there are more
wet leaves which present a slipping hazard.
It is more than just common sense to provide proper lighting. It is also
legally required. This is because property owners and or those in control
over the property have a duty to guests that requires the property to
be kept safe. Owners must use reasonable care in inspecting the property
so that dangers can be discovered. Any such hazard must be remediated.
If it is not possible to timely repair the property, visitors must be
warned of the danger.
Successfully litigating a premises liability case is not easy. This is
because the standards to which property owners are held can be subjective.
Of course, if you are injured on someone else’s property you can
file a claim. But more than accusations are needed. These types of cases
are known as
premises liability matters.
Proof must establish that the owner’s actions were not reasonable
and that any other normal and prudent property owner would have acted
differently. The injured plaintiff must also prove that the defendant
property owner was on actual notice of the condition. This will be very
hard to prove; either the defendant would have to admit actual notice,
which is unlikely, or the plaintiff would have to find a witness that
recalls informing the owner of a dangerous condition on the property.
Absent proof of actual notice, the plaintiff can charge constructive notice,
stating that the defendant should have known about the danger. But again,
this is a subjective claim and reasonable minds may differ. Lastly, slip
and fall recovery is only possible when the victim is injured and has
Learn more about slip and fall accidents in the fall
from the latest article from our experienced attorneys available by clicking here. Read about the common causes of slip and falls in the autumn available byclicking on the link here. Also read about the notice requirement, which is essential to proving
your case, in
our blog post available here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.