All property owners must exercise reasonable care in maintaining their
property. The same rule applies to those persons merely occupying, or
exercising control over, the property. The premises must be inspected
so that dangers are discovered. Visitors must be warned of the danger
and the hazards must be remediated within a reasonable amount of time.
If a guest discovers a hazard and reports it to the appropriate party,
then the hazard must be fixed.
Experienced Poughkeepsie slip and fall attorneys know that the autumn season can be quite hazardous. Fallen leaves obscure
trip hazards, wet leaves are slippery and less hours of daylight make
it harder for people to stay safe on the property of others.
The reasonable care standard is subjective and whether or not a property
owner can be held liable for a
slip and fall accident will depend upon the circumstances surrounding the incident. Even when
the circumstances lend toward a finding of liability, the property owner
will still defend against the claim on the issues of notice and opportunity to cure.
The law allows property owners to defend on grounds that he or she did
not know the danger existed; they were never put on notice that a dangerous
condition existed on the property. The alleged negligent property owner
can state that the property was inspected and such reasonable inspection
could not have led to the danger’s discovery. This would have to
be proved, but it is nonetheless a valid defense.
Additionally, the property owner can admit to notice, but claim that there
was no time to cure the hazard, nor time to warn visitors of danger. Some
exceptions will also aid a defendant, such as the storm in progress doctrine.
But there is another type of notice in addition to actual notice. This
is constructive notice. Constructive notice steps in when the property
owner did not know about the danger, but he or she should have known.
If a property owner failed to take reasonable measures to discover dangers
on the property, and the danger could have been discovered upon a reasonable
inspection, the owner will be charged with having constructive notice. This
prevents a negligent property owner from avoiding liability by pleading ignorance.
Constructive notice will apply when the property owner did not inspect
the property, or if circumstances would have led a reasonable owner to
suspect that a danger could be present.
Learn more about slip and fall accidents in the fallfrom 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.
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
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