FOR BREAKING NEWS VISIT WWW.QNS.COM AUGUST 16, 2018 • THE QUEENS COURIER 85
THE SCHOOL GETS AN ‘F’
Q: In the dead of winter, on a walkway located at the middle school I
attended, I slipped and fell on a patch of ice. On the walkway, there were other
patches of ice, and I did not see any salt and sand mixture, on the ground, immediately
after I fell. One of the custodians says that an hour and a half earlier, he
inspected the walkway and saw a mixture of salt and sand on it, but did not see any
ice.
The Fire Department responded to the scene of my accident. They saw
the slippery conditions on the walkway and, as a result, used the grass adjacent to
the walkway, rather than the actual walkway, in order to remove me to the
awaiting ambulance. One of the crew members says that he saw ice everywhere on
the walkway, including where I was found. He does not recall seeing any salt or
sand.
A: A real property owner or a party in possession or control of real
property will be held liable for a slip-and-fall accident involving snow and ice on
its property only when it created the dangerous condition which caused the
accident or had actual or constructive notice thereof.
To the extent that the evidence may be somewhat contradictory, that
does not defeat your case. It merely whets your lawyer’s appetite. It sounds to me
like you have an excellent case that the ice had existed long enough for the school
district to apply sufficient salt or sand, so that the district had notice, and yet failed
to remedy the hazard.
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