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AN UNWELCOME MAT
Q: While exiting a public school, after voting there, I tripped and fell
over a rolled up mat. It was positioned several feet in front of the door inside
the school. The power had failed. Only a few emergency lights were working.
An incident report prepared shortly after my accident commented that the
area where I fell was ‘dark’ due to the power loss.
A: A defendant has constructive notice of a defect when the defect is
visible and apparent and has existed for a sufficient length of time prior to the
accident to permit the defendant’s employees to discover and remedy it. The
school may wish to argue that the power outage furnishes an excuse from
liability, but I doubt that the school can muster sufficient evidence to support
that argument.
A plaintiff seeking to recover in tort against a municipality must
serve a notice of claim to enable authorities to investigate, collect evidence and
evaluate the merits of the claim. The notice of claim must set forth information
including the nature of the claim, and the time, place, and manner in
which the claim arose. The notice of claim must include information
sufficient to enable the municipality to investigate the claim.
There are time limits to a notice of claim, so be sure to see an
attorney right away. Indeed, that is my advice with regard to any potential
lawsuit, not just against a municipality.