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Can a building citation help prove how negligent a property owner is in personal injury lawsuit?
New York
Viewed 24 times.
Posted 2 months ago in Personal Injury
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A property owner had a defected condition on their property and someone got injured due to that. A year later the property owner got a citation from the building inspector of the town for the same area that this person was injured by a year earlier. Could the injured person(plaintiff) lawyer use that citation to help them show how negligent the property owner is. This area of the property is heavy used and need to get into the apartment.
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Answers (2)Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 2 months ago.
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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. You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer 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. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. Wade William Poulson
This attorney is licensed in California.
Posted about 1 month ago.
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It is likely the post-injury citation will not be admissible in evidence. However, if the same condition existed before--when the injury occurred--then you may still have a strong argument for negligence per se in which the owner or controller of the property will then have to rebut the presumption of negligence. You should speak to a lawyer in your area to discuss the details.
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