Most Buffalo personal injury lawsuits regarding injuries that occur on someone’s property require proof of “notice.” This means that the plaintiff must be able to establish that the party responsible for maintaining the property knew, or should have known, about the dangerous condition prior to it having caused injury.
In many cases, a defendant will claim that they did not know about it. Absent a letter of complaint or similar documentation, actual notice is difficult to prove. Whether the defendant should have known about a defect (constructive notice) is a different issue that relates to the duty of the defendant to inspect and maintain the property. In such cases, the visibility of the problem and how long it had existed prior to the accident can be very important.
Occasionally, however, a defendant will claim that because they did not examine the property where the injury occurred, they could not be expected to know about it. In many cases, the law imposes a duty on a party to maintain the property. This may occur, for example, in cases involving apartment buildings. If a party is required to maintain the property, the courts have ruled that they also must conduct timely and adequate inspections. As a result, failure to inspect does not refute the argument that the defendant “should have known” about the dangerous condition.
If you have been injured on another’s property, we can answer any additional questions at 716-542-5444. Please feel free to call.
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