When a Buffalo resident sues someone for injuries suffered as a result of falling on their property, New York State law requires proof that the person being sued had “notice” of the condition that caused the injury. This notice can be either proof that the property owner was actually aware of the dangerous condition or proof that, although the property owner was not aware, a reasonable inspection of the property would have led to discovery and correction the condition.
In some cases, the property owner may claim that the condition, such as a loose board, was a “latent defect.” A latent defect is a dangerous condition that is not readily observable. Because the condition is not easily seen, it is very difficult to prove that a property owner knew or should have known of its existence.
In such cases, the parties will usually argue about whether a reasonable inspection would have led to discovery of the dangerous condition. In the case of latent defects, it is often held that because the condition was not readily apparent, a routine inspection of the property would not have led to its discovery. As a result, the injured person cannot rely on proof that the owner should have known of the defect. Instead, he or she must have evidence that the owner had actually found the problem and failed to correct it to successfully sue.
If you have been injured on someone’s property and have any questions, please feel free to call my office at 716-542-5444.
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