What is the definition of a dangerous condition in a slip and fall case

Asked almost 5 years ago - New York

Could someone please explain what is a dangerous condition in a trip and fall? How does one prove what is or isn't a dangerous condition?

Attorney answers (2)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . There is in law a doctrine called "assumption of risk" which basically means if someone freely enters a "dangerous condition" then they are legally responsible for the injury caused to themself. Of course what a defendant considers an "obvious dangerous condition" may not appear that way to the person who was harmed. This is a complex area of personal injury litigation, and you really need to confer with an experienced personal injury lawyer about the situation. If you are doing this without counsel, and you are the injured party, I assure you the defendant will claim the person harmed should have noticed the dangerous condition and not say a word about the defendant being aware of the dangerous condition or being the cause of it. If you are located outside of the NYC-Long Island area please use the avvo lawyer directory to find a personal injury lawyer near you. If you live in the NYC-Long Island area, my law firm will be happy to provide you with a free consultation about how a "dangerous condition" is determined by NYS juries.

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    Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
    Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..

    Our law firm may be able to assist you in this legal matter. You can access our contact information at our website: www.sarnoanddefelice.com or my avvo profile.

    FYI my law partner James DeFelice practices personal injury law in NYS. You can access his contact information on his avvo profile or on our firm’s website: www.sarnoanddefelice.com

    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here 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 in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

  2. Diana Michelle Tennis

    Contributor Level 14

    Answered . Typically the jury at a trial would decide whether or not the condition was dangerous. Sometimes it is obvious..if a reasonable person looking at it would think that the circumstances could easily cause harm or injury, then it is probably legally "dangerous". A personal injury lawyer in your state is going to be able to evaluate the actual condition you are talking about. If something has actually caused an injury and that could have happened to anyone in the normal course of things because that condition was dangerous..then it may be said to be dangerous.

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