The defendants in this case had filed for a motion seeking to dismiss the complaint of the plaintiff regarding a personal injurycase. The court granted the motion filed by the defendants based on the facts and information presented.
The plaintiff was a woman in her sixties and allegedly sustained injuries caused by a trip and fall incident. According to the testimony of the plaintiff, she parked her car along the road that leads to a church. During the day of the accident, she was walking across the parking lot to get to the church. She attends mass at 12 noon. The plaintiff knew the area since she visited the neighbourhood at least twice per month. While walking, the plaintiff kept her eyes straight ahead and also at the sidewalk. Before the incident, the plaintiff had noticed the existence of the uneven sidewalk and even thought to herself that the sidewalk was prone to accidents.
The plaintiff was aware of the seam or crevice on the sidewalk. However, she turned her head in the other direction because she heard the screaming voices of children. It was at that instant that she fell on the ground. One of the children’s fathers came over and helped her get up.
The defendant in this case admitted to owning the property near the area the plaintiff fell. The defendant owned the house near the road. According to the statement of the defendant, he said that he has been maintaining his lawn including the curb and the sidewalk. Since the defendant’s property has many trees, he lets a professional company maintain the trees for him.
The defendant admitted to knowing that there was an uneven portion of the sidewalk fronting his home. However, the defendant did not see or know of anyone who stumbled or tripped over that portion of the sidewalk.
In her complaint, the plaintiff cited overgrown trees as the reason for her fall. She further claimed that the presence of overgrown trees on the sidewalk has hidden any potentially harmful and uneven slabs of concrete. This can create some kind of trap to an unknowing victim.
The defendant challenged the plaintiff’s claim that even though they planted the trees, it does not automatically mean that they are liable. The defendant also pointed out one of the statements of the plaintiff in which she did not remember exactly which house fronted the sidewalk during her fall.
Upon review of the facts, the court has noted that the plaintiff knew of the overgrown trees and the uneven sidewalk even before the accident. Even if the overgrown trees hid the crevice on the sidewalk, the court explains that the situation should be viewed from the perspective that the plaintiff was already a regular user of that sidewalk. Even if she did not see the uneven sidewalk while walking, this doesn’t mean that there was negligence on the part of the defendant.
The court has also noted that she was not looking at the sidewalk while walking. There was no due diligence on her part concerning her safety. The plaintiff even admitted that she knew where the uneven sidewalk was because of her frequent trips to the neighbourhood. The whole thing should be considered an accident. No party was liable to pay damages for injuries.
Furthermore, the court has found the absence of notice since the location of the fall is questionable at this point. The provisions of the law state that a written notice concerning any defect on that particular property should be present for the complainant to have some bearing on the case. Without sufficient evidence, the defendant’s motion is granted and the case is dismissed.
If you know someone who needs an expert New York Trip and Fall Lawyer, consult Stephen Bilkis & Associates for immediate action. The legal services of a New York Trip and Fall Attorney can help you prepare for any wrongful death or personal injury case.
A New York Trip and Fall Attorney is always ready to help you and anyone you know who has acquired personal injuries. If you are in need of a New York Trip and Fall Lawyer, Stephen Bilkis & Associates have offices located in the metropolitan area. Inquire now for an expert legal consultation.