Previous Complaints About an Existing Hazard

Jed Dietrich, Esq. Fights to Hold Property Owners and Municipalities With Knowledge of Existing Hazards on Their Property Accountable for the Injuries They Cause in Buffalo, New York and Beyond.

Unfortunately, accidents caused by negligent property owners can arise at just about any time and in any place. While walking may not seem like a dangerous activity, in reality millions of Americans suffer catastrophic injuries resulting from slip and falls every year. According to the Centers for Disease Control and Prevention (CDC), around 20% of falls cause severe injuries, such as traumatic brain injuries or broken bones.

Victims that suffer serious injuries in these types of accidents often question whether they can hold property owners responsible for their injuries. In New York State, every property owner has a legal duty to maintain his or her property in a reasonably safe manner for all visitors, patrons, residents and employees. This duty obligates property owners to remedy all known dangers within a reasonable period of time, especially when the danger is not apparent.

Accidents that result from existing hazards that were previously complained about are easily preventable. There are several key elements that an injured person must prove in order to prevail in a personal injury lawsuit, and a property owner’s knowledge of the hazard is one of the most important elements. In cases where injuries are caused by a property owner’s negligence or carelessness in failing to fix a dangerous condition, a property owner can generally be found legally responsible.

Property owners that neglect to adequately maintain their properties, especially after receiving a complaint about a defect, should be held responsible for the injuries they caused. Guests rely on owners to appropriately keep their properties reasonably safe from all dangerous conditions. In cases where injuries from an accident are caused by failing to repair an existing hazard or warn others about established dangers, property owners fail to fulfil their legal duties.

Victims seriously injured because of a property owner’s negligence or carelessness should consider their legal options. Injuries after a fall on someone else’s property can be life-changing and you should not be forced to bear the burden of costly medical bills, lost wages or other unexpected costs because of your accident. The Dietrich Law Firm P.C., recognized as a Best Law Firm of America, is here to help. Insurance companies have paid Jed Dietrich, Esq. and his highly experienced, top rated and elite team of existing hazard injury lawyers in Buffalo, New York over $175,000,000.00 in verdicts and settlements to compensate his clients for their serious personal injuries. Call us today at 716-839-3939 for a free consultation if you were seriously injured in an accident resulting from a hazard on someone else’s property. We are available 24 hours per day and 7 days per week to help you.

Existing hazards including spills at restaurants, cracked sidewalks and uneven flooring at grocery stores can all cause slip and fall accidents and resulting injuries. To establish liability for a slip and fall injury, a plaintiff must prove that the defendant, often the property owner, had notice of the hazardous condition.

To satisfy the burden of proving notice, a plaintiff can show either actual notice or constructive notice.

Actual notice means that the property owner was put on notice of the danger from complaints, previous injuries caused by the hazard or through direct discovery of the hazard. Some of the strongest evidence to demonstrate actual notice is through previous complaints regarding the existing hazard. Previous complaints, especially those that are well documented, can create strong evidence to prove actual knowledge of a hazard by a property owner. Frequently, this is crucial because property owners are often reluctant to admit prior knowledge of hazards.

If actual notice cannot be demonstrated, constructive notice must be established. Proof of constructive notice is generally not as strong as actual notice and requires plaintiffs to depend heavily on circumstantial evidence. Nonetheless, notice can often still be proven. For instance, a plaintiff may show that the property owner should have discovered the hazard in the course of exercising their duty of care.

Previous complaints can provide damaging proof of actual knowledge, which can be very detrimental to a property owner’s defense. Nevertheless, exposing a negligent property owner’s actual or constructive knowledge is often difficult and requires the assistance of an assertive and experienced premises liability lawyer. If you, or a loved one, were seriously injured in an accident, contact Jed Dietrich, Esq. and his aggressive, tenacious and hardworking team of lawyers and paralegals at the Dietrich Law Firm P.C. today at 716-839-3939. Our team of Buffalo, New York existing hazard accident attorneys are available 24 hours per day and 7 days per week, and there is never a fee unless we WIN for you.

How Much Time Are Property Owners Allotted To Remedy Dangerous Conditions?

According to the National Safety Council, over 800,000 victims are hospitalized annually due to injuries endured from falls. Property owners have a legal duty to remedy any potentially dangerous situations, even if they were not the cause of the condition. The amount of time a property owner has to repair a dangerous condition varies, and primarily depends on what is reasonable given the unique circumstances of the condition. For example, if a shopper in a grocery store dropped a bottle of vinegar on the floor and notified the staff, but you slipped and fell as a result only a couple minutes later, it may be difficult to show that staff had reasonable time to clean the spill. Nevertheless, if you slipped and fell as a result of the spill hours later, the grocery store owner may be found liable because the staff failed to clean up the vinegar within a reasonable amount of time.

You must be able to show that the owner had reasonable time to correct the hazardous condition. For instance, a property owner many not be held liable if you fall on a snowy parking lot during a snowstorm. However, if conditions in the parking lot cause an unnatural accumulation of snow, the owner may be held responsible for your slip and fall accident. After complaints about an existing hazard, whether or not a property owner scheduled a repair could also help determine if he or she had reasonable time. In cases where the same hazardous condition resulted in prior injuries, this can demonstrate that the owner had reasonable time to correct the condition or at least create a barrier to warn. If owners cannot immediately fix the defective condition, they would still be required keep invitees away from and caution of the impending danger.

Jed Dietrich, Esq. is recognized as a Best Lawyer of America and New York Super Lawyer. He and his highly rated team of lawyers and paralegals battle for people injured in accidents caused by existing hazards that were previously complained about in Buffalo, New York. Since 1999, Jed Dietrich, Esq. has exclusively handled serious personal injury cases, including many premises liability accident lawsuits. Allow Jed Dietrich, Esq. and his team of existing hazard injury lawyers in Buffalo, New York to handle your claim and pursue the compensation that you deserve. There are strict time constraints applicable to claims for injuries arising from a premises liability accident, so we urge you to call us today to ensure that your rights are protected!

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!