As an experienced New York personal injury lawyer, I have handled more slip and fall or trip and fall cases than I can remember.
A person who sustains a personal injury in a slip and fall because of a dirty or wet condition must prove the owner of the land either caused the condition or knew or should have known about the condition and failed to remedy it. The “should have known” doctrine is called constructive notice.
Personal injury lawyers may establish constructive notice through evidence that an ongoing and recurring dangerous condition existed in the area of the accident which was routinely left unaddressed by the landlord. When a landowner has actual knowledge of the tendency of a particular dangerous condition to reoccur, he is charged with constructive notice of each specific recurrence of that condition.
Therefore, to establish constructive notice of debris, New York personal injury lawyers can establish that the premises was always dirty or had a recurring tendency to be dirty. This type of evidence will establish constructive notice in a slip and fall personal injury case.
