Premises Liability: Slip, Trip and Fall on Dangerous Property
Craig Z. Small - An Experienced, Trusted Buffalo, New York, Attorney
Property owners are obligated by law to keep their property in a reasonably safe condition. If a dangerous condition causes an accident, the owner may be held responsible for injuries that result based on one's actual or constructive notice of the condition.
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call 716.847.2600 or contact us online.
Craig Z. Small has handled personal injury and premises liability claims for more than 14 years. He has the experience and work-ethic necessary to recover excellent results on your behalf.
With respect to dangerous and defective property conditions, the law states that the property owner may be responsible for injuries if he had either actual or constructive notice of a dangerous or defective condition. No proof of notice is necessary if the owner created the condition.
The law states that the owner may be responsible if he/she either:
a) knew about the condition,
b) should have known about the condition; or
c) caused the condition to exist.
Either way, if someone slips and falls, the property owner may be liable under premises liability law for the injuries caused.
If the owner created the condition or was told about it and did nothing to correct it, he or she has received "actual notice." Actual means that the property owner knew about the condition.
Constructive notice means the property owner knew or should have known about the condition.
If such owner created the condition, knew about the condition, or should have known about the condition and failed to cure or fix it, he may be held responsible for injuries that result.
An example of constructive notice might occur in a grocery store where a broken jar with its product remained on the store floor for a reasonable amount of time. If a customer slips and falls, the grocery store may be liable. Another example may be where ice has accumulated on a sidewalk or walkway over the course of several days without being cleared or salted. If not resolved, a slip may result in liability.
Attorney Craig Z. Small has represented clients who were injured by a variety of dangerous conditions. Broken stairs and faulty ramps, holes or cracks in sidewalks or floors, slippery floors in restaurants or grocery stores, and icy parking lots and driveways all have the potential to seriously injure a pedestrian or patron.
Dog bites or animal bites are a variation of premises liability and may also result in a claim if the animal owner knows that its pet has bitten someone in the past, or has displayed "vicious propensities".
For a free consultation to discuss premises liability with an experienced, passionate lawyer, contact our office online or call us at 716.847.2600.
