Buffalo landowners cannot be expected to keep their property perfectly clear of ice or other slippery conditions at all times. They are, however, required to do a reasonable job in attempting to maintain their property in a safe condition for those using it.
Slip and fall personal injury lawsuits usually are much easier when it can be proven that the defendant actually knew about the dangerous condition. This can happen when the defendant admits that he or she was aware of the problem but had not corrected it or when the record establishes that another party told the owner about the problem prior to the plaintiff’s injury.
Not being able to prove the defendant’s actual knowledge is not, however, absolutely necessary. If actual knowledge cannot be proven, a plaintiff may still be able to successfully pursue a lawsuit if it can be established the dangerous condition had existed for a sufficient length of time that the defendant could reasonably be expected to discover and remedy it. This rule helps protect plaintiffs from landowners who may be negligent in inspecting their property and then try to hide behind their lack of diligence when someone is injured.
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