We’ve all tripped or fell down while walking in our lives. It may be funny or even embarrassing at times but it’s something that happens to the best of us.
Slip, Trip and Fall Injury
Fishkill Injury Attorney Serving Myers Corner, Beacon, Lagrangeville and Nearby Areas of Hudson Valley
In trip and fall cases, defendant property owners will generally not be held liable where a trip is caused by a trivial defect which is in plain sight. What exactly is a trivial defect and how does the court system decide motions to dismiss lawsuits based upon the trivial defect defense? The following Second Department appeals court decision provides an explanation.
Tesoriero v Brinckerhoff Park, LLC
2015 NY Slip Op 01938
Decided on March 11, 2015
Appellate Division, Second Department
DECISION & ORDER
Slip, Trip and Fall Injury: Property owner liability for slip, trip an fall injuries is not absolute. Property owners must be allowed a reasonable amount of time to remove hazardous conditions resulting from a storm. However, the property owner cannot rely on the "storm in progress" regardless of the circumstances as the property owner found out in the case of Rijos v. Riverbay Corp., decided by the First Department appeals court on 4/2/13.