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Slip and Fall Accidents and Constructive Notice in New York

The New York Daily News reported on September 21, 2019, that one-time street boss of the Colombo crime family “Tommy Shots” Gioeli won a $250,000 settlement for an August 2013 slip and fall accident while playing ping-pong inside Brooklyn’s Manhattan Detention Center. His injuries required surgery and a month-long hospitalization, but the Daily News reported that federal prosecutors were seeking to use the settlement to cover $360,000 in court-ordered restitution the now-67-year-old owed to a bank and a fur store.

 This past June, the Associated Press reported that studies published in the Journal of the American Medical Association showed that fatal falls had nearly tripled in older Americans in recent years, rising to over 25,000 deaths annually. Analysis looking at 16 years of vital statistics in the United States showed that fatal falls increased from 8,600 in 2000 to 25,190 in 2016, and CDC data showed there were nearly 26,440 fatal falls in Americans 75 years of age and older in 2017. 

Both of these stories demonstrate that older Americans are far more likely to fall, but older individuals are not the only ones who can be hurt in such accidents. So, who is responsible for your safety when you’re in a store, office building, public place, or private property? Read more on defective conditions and constructive notice in New York. 

What is Constructive Notice?

Unless it can be proven that a property owner created a defective condition, an injured person will need to prove that the owner had either actual knowledge or constructive notice of a defect. The Court of Appeals of the State of New York held in Gordon v. American Museum of Natural History, 67 N.Y.2d 836 [1986] that “a defect must be visible and apparent, and it must exist for a sufficient length of time prior to the accident to permit defendant’s employees to discover and remedy it” to constitute constructive notice.

Constructive notice can be established by proof of a “recurring condition,” which is actual knowledge of an ongoing defective condition. A property owner may be able to employ what is known as the “storm in progress” defense, which the First Department Appellate Division of the Supreme Court of New York ruled in Hussein v. New York City Transit Authority, 266 A.D.2d 146 [1st Dep’t 1999], “Just as landowners have no duty to clear outdoor public spaces while precipitation is still falling, they are not required to provide a constant, ongoing remedy when an alleged slippery condition is said to be caused by moisture tracked indoors during a storm.”

 Contact Us

If you suffered severe injuries or your loved one was killed in a slip and fall accident in New York City, you will want to speak to an experienced injury attorney to discuss your rights and legal options. Make sure you contact Hach & Rose, LLP as soon as possible. 

Our firm can fight to prove another party’s negligence and help you recover every last dime of compensation you are entitled to. We can examine your case when you call (212) 779-0057 or contact us online to schedule a free consultation.

Rochester, NY – Woman Taken to Hospital After Fall Near Genesee River

Dunkirk, NY – Woman Taken to Hospital After Hit by Neighbor’s Firework

Rochester, NY (July 4, 2019) – A woman from Rochester suffered injuries on Thursday, July 4th, after falling into the gorge at the bottom of the Lower Falls in the city. The incident was reported to have happened at an unspecified time during the afternoon hours for reasons that are being investigated.


Brockport, NY – Man Suffers Hypothermia Following Unsafe Property Accident near Canal

Dunkirk, NY – Woman Taken to Hospital After Hit by Neighbor’s Firework

Brockport, NY (April 1, 2019) – A serious personal injury accident was reported to have occurred after a man fell into the Erie Canal on Monday, April 1st. According to authorities, the victim suffered from hypothermia after falling into the canal near Main Street around 3:30 a.m. in what may be considered a slip-and-fall or unsafe property incident.


Manhattan, NY – Woman with One-Year-Old Falls to her Death in Unsafe Property Accident

The Bronx, NY – Update: Injured Victim of Crash on Bronx Rover Parkway Dies, Identified

Manhattan, NY (January 29, 2019) – A woman tragically died after falling down stairs inside of a subway station in Manhattan on Monday night, January 28. Authorities stated that the fatal accident occurred at around 8:00 p.m. while the victim, identified as 22-year-old Malaysia Goodson, of Stamford, CT, was holding her one-year-old daughter.


New Video FAQ: Why choose Hach & Rose if I’ve been involved in a slip and fall?

Halina Radchenko, attorney at Hach & Rose, LLP discusses why her team is the right choice for people who have been hurt in slip-and-fall accidents in New York City and across the state. Watch the video above to learn why, and contact us at (212) 779-0057 to get the qualified legal help you deserve.

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