26 THE QUEENS COURIER • DECEMBER 21, 2017 FOR BREAKING NEWS VISIT WWW.QNS.COM
(Bus. reg.) 189-06 Liberty Ave, Hollis, NY
(Hdqtrs.) 217-04 Northern Blvd, Suite 23, Bayside, NY
THE ANNIVERSARY
Q: For our silver anniversary, we went out to dinner at a very plush
restaurant. As always, my husband held his liquor very well. He was an
active young man, although we had our disagreements, and left the table. An
unlocked and unmarked swinging door opened out from the dining area –
clearing a tiny interior landing at the top of some steps. The steps descended
into a basement employee area. That is where my husband was found. No
one saw it happen.
A: A plaintiff does not always need witnesses: causation can properly
be based on logical inferences from circumstantial evidence. Your attorney
will seek to prove such matters as: that the stairs were installed a long time
ago; that the stair treads were wooden and visibly deteriorated – bowed and
worn; that there was no nonslip adhesive; that the riser height and tread
depths were abnormal; that the handrail was ungraspable; and that there is a
history of people falling on these stairs. Surely, there should have been a sign
on the door restricting access. You appear to have much on which to base a
case.
The restaurant will argue that it maintained the premises in a
reasonably safe condition and neither created nor had notice of a dangerous
condition, and that a conclusion that its negligence was the cause of your
husband’s fall is based on pure speculation. However, from what you tell me,
it appears that a jury can logically infer that the dangerous condition of this
staircase caused that fall.
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