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Trip and Fall Open and Obvious
New York
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Posted about 1 month ago in Slip and Fall Accident
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Someone was at my home a few weeks ago and tripped and fell because of a 3-4 inch pole I left near the entrance. Now I wouldn't be responsible for this because a person could see it. But the person said they were distracted by the condition of the entrance way. The entrance way was beginning to deteriorate. The paint was all chipping away and it was showing signs of deterioration. Would that defeat an open and obvious defense?
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The person who trip was a tenant of mine of lives there. I don't think I am responsible. Thank you Answers (1)
Lars A. Lundeen
This attorney is licensed in Florida and 1 other state.
Posted about 1 month ago.
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These types of situations are always very fact dependent. You may very well have liability for this injury.
If you have not already done so, you should contact your liability carrier and place them on notice of this injury which occurred in your property. If you have medical payments coverage available to this injured party, it may be in your best interest to advise the party of this and offer to see to it that any medical bills are paid up to the policy limit. Sometimes by offering to pay the medical bills, no further claim is made. However, many times tenants are excluded from this medical payments coverage found in many landlord policies. Legal Disclaimer: Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received. |
