20 THE QUEENS COURIER • JULY 19, 2018 FOR BREAKING NEWS VISIT WWW.QNS.COM
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Legalmente Hablando
Por: Scott Baron,
Abogado
Q: My husband and I were walking in a shopping center’s parking
lot. All of a sudden, my foot went down into a hole, and I fell. There were
no other witnesses. The hole was full of water and covered by leaves. The
next morning, my husband returned and saw a hole in that area. It was two
to three inches deep and three to four inches wide. He took some photographs.
I think that’s the one.
A: In a trip-and-fall case, the owner will generally seek to show both
(a) that he or she did not create the hazardous condition that allegedly
caused the fall and (b) that he or she did not have actual or constructive
notice of that condition for a sufficient length of time to discover and remedy
it.
The owner has constructive notice of a hazardous condition when
the condition is visible and apparent, and has existed for a sufficient length
of time to afford the owner a reasonable opportunity to discover and
remedy it. Often, the owner will offer evidence as to when the accident site
was last cleaned or inspected prior to your fall. Sometimes, you will be
able to show that the owner had previously received complaints about the
condition.
So far, the evidence seems to indicate that the hole had been there
for a long time, giving rise to constructive notice. Unless there had recently
been rain, the hole’s being full of water points to this. So does its size.
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THE BIG HOLE
La ley responde a cambios de condiciones, abundan las excepciones y variaciones.
En este caso, la información es de carácter general, siempre buscar un abogado competente
Este artículo no debe interpretarse como asesoramiento legal.
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