Theresa Savastana sued William Roach, the owner of a property known as 30 Overlook Drive, located in Mastic Beach, New York, for recovery of damages for injuries sustained as a result of a trip and fall accident. Ms. Savastana, a tenant at the premises, said she fell while walking on a concrete walkway that leads from the front of her house to the street.
Ms. Savastana alleged that the owner failed to maintain the front walkway in a reasonably safe condition by allowing a dangerous and defective condition to exist. She noted that the walkway consisted of “highly irregular and uneven sections owing to cracking and displacement as well as incorporation of a wood member atop bricks.” She added that, before her accident, a friend of hers also tripped on the walkway. In court she said either the wood or the crack caused her to trip but she later said she does not know what caused her to trip and did not know whether the wood or the cement caused the fall.
Mr. Roach denied liability. He said he bought the property in 1992 and that the inspector never advised him of any needed renovations or repairs in the property. He said he visits the property once a month to check for problems but that he has never performed any maintenance on the walkway of the property. He said he is unsure whether the area where Ms. Savastana tripped and fell was within the property line. He added that he was not aware of any other trip and fall accidents and has not received any complaint from Ms. Savastana about the condition of the walkway.
To prove that there is negligence in a trip and fall case, the plaintiff must show that the defendant created the condition which caused the accident or that the defendant had actual or constructive notice of the condition, according to a New York Trip and Fall Lawyer. When it is proved that the defendant has constructive notice of the dangerous condition, the defendant can be made liable only on his failure to remedy the danger after gaining knowledge of the condition, the reporter added.
The source pointed out that, in this case, Ms. Savastana failed to submit evidence showing other possible causes for her trip and fall accident and injuries, like a simple misstep or loss of balance. The expert further pointed that Ms. Savastana has stated that the walkway in her leased premises was “falling apart” and that the cement was “cracked and broken” but was unable to state the specific cause of her fall. The evidence presented, according to the expert, was not enough to persuade the jury that Ms. Savastana’s trip and fall accident was more likely caused by the defective condition of the walkway rather than to a sudden loss of balance or a misstep.
Being involved in a trip and fall lawsuit caused by someone else’s negligence is difficult. There are New York Personal Injury Lawyers who will stand by you and argue your side. They make sure you and your loved ones are compensated.
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