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The defendant has filed for a motion to dismiss the complaint of the plaintiff


The defendant has filed for a motion to dismiss the complaint of the plaintiff. The plaintiff filed for an appeal and the court denied the defendant’s motion. The following is the background and results of the court investigation.

The plaintiff filed a complaint against the defendant for allegedly causing personal injuries. According to the statements of the plaintiff, she and her husband was involved in a trip and fall accident caused by an uneven slab of cement on the sidewalk fronting the city hall. Tripping on an uneven slab of concrete may be dangerous since a person might hit his or her head on something during the impact of the fall. Broken arms or legs might result if the fall is at a very odd angle.

Public places like the city hall or parks often have many visitors in a day. Each visitor should expect some level of safety since they are inside or within the vicinity of a public place. When the owners or the caretaker of the property fail to maintain this certain level of safety, serious physical injuries can occur. One of the most common ways to acquire injuries is tripping and falling over something while walking. This is the case of the plaintiffs who were just walking on the sidewalk just outside of city hall.

The defendant filed a motion to dismiss the complaint and claimed that he had not received a written notice for the defective sidewalk slab. The highest court of the land denied the motion of the defendant and cited a previous injury case that also happened in front of city hall. The incident happened a few months before the current complaint was made by the plaintiffs. According to the Supreme Court, that was enough notice for the defendant. The court also explained that an issue concerning the uneven slab was already raised. Therefore, the defendant has no excuse to claim he was not notified. After the court ruling, the defendant filed an appeal and asserted his claim that the plaintiffs did not declare the prior case as written notice for their complaint.

According to the provisions concerning a written notice, the notice that should act as the supporting evidence for the plaintiff should not be farfetched in terms of location or time. The written notice that has no indication of the exact location but still clearly identifies the defect of that area may still be questioned by the court. The court judge and the jury may doubt this kind of notice since it may be lacking in some elements.

The court has investigated the previous case concerning a similar accident near city hall. The plaintiff who filed a complaint for that prior case allegedly tripped and fell because the plaintiff came upon a sidewalk that was sticking up. The accident also happened in front of the city hall. According to the plaintiff and from the photographs of the complained area, the size of the sidewalk is indeed relatively small. In light of the facts presented by the previous case, the court has declared that the prior case was already an example of expressed or written notice. It was noted by the court that the defendant had challenged the written notice that he allegedly was not aware of.

In his appeal, the defendant also claimed that the plaintiff were not able to declare a written notice in their own complaint. The court has affirmed the appeal of the defendant on this technical matter. The prior case concerning a similar incident was found by the court to be too remote to be declared as sufficient notice.

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.

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