Can a building citation help personal injury lawsuit?

In most states a building citation for certain types of defect is per se negligence. Also the citation can be used to prove that the owner had actual knowledge of the defect which is one of the foer elements of negligence case.

In most states a building citation for certain types of defect is per se negligence. Also the citation can be used to prove that the owner had actual knowledge of the defect which is one of the foer elements of negligence case.

It is possible that the building inspector citation will be deemed irrelevant to your case because it did not come about until a year later. The court will decide, of course, what evidence is and is not admitted at the trial of your matter.

You say the property is "heavy used" so a lot of changes to the specific condition that caused the injury can come about in a year. Your opponent will argue that the passage of a year makes the building inspector citation unreliable as regards the condition that existed a year earlier when the injury happened.

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No one online can know what is going on in your case because online we cannot find out any details. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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That year-after building citation may or may not help. The obvious issue is the difference in the condition of the porch at the time of the accident, and the condition a year later when the citation was issued. Weather, usage, repairs or the lack of maintenance could or would have made the condition of the place different. If the court allowed the citation in as evidence, the insurance company's attorneys, if they are aggresive, will vigorously pursue this line of defense.

The only thing that is relevant in a case like this is the condition of the porch at the time of the accident. If there were evidence that the owner had in fact been on notice as to the defective porch, then you'd have a stronger case. For example if someone had written to the owner and told him the porch was defective. Or, if the citation had come before the accident.

Hopefully someone photographed the condition of the porch specifically in the area of the accident as close in time after the accident as possible to document the relevant conditions.

A final caution: "slip and fall" cases have many pitfalls and are frequently subject to defense verdicts. That means the injured person gets nothing. I hope that you have an experienced attorney working on the case and I hope there is a good premises liability expert looking at all of the available negligence theories beyond this discussion.

Good Luck!