Property Owner in New York Fixes Defective Condition After You Fell; Is That Evidence of Wrongdoing?

Gerald Michael Oginski

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Personal Injury Lawyer - Brooklyn, NY

Contributor Level 12

Posted over 1 year ago. Applies to New York, 1 helpful vote


You go visit a friend. The steps to the front of his house is broken and is uneven. You fall and break your leg.

You didn't know at that time, but the person who built those stairs did not build them to code.

When you get out of the hospital, you realize the property owner has already fixed the stairs.

When you ask the homeowner why he made the repairs, he tells you that he didn't want anybody else to get hurt.

This is known as a 'subsequent remedial repair'. "Subsequent" means after your injury. "Remedial" means it was fixed. "Repair" refers to something that was broken.

When you bring a lawsuit against the homeowner and the person who built those stairs, can you show that the homeowner was responsible because he fixed those steps immediately after you fell and broke your leg?

The fact that the homeowner knew there was a problem with the steps and fixed it after your injury, does that show that he knew there was a problem with the stairs and only fixed it after your injury? Should he be held responsible because he knew of the problem and didn't fix it before?

To learn what a subsequent remedial repair is and whether you can use that information during trial in NY, watch the video to learn more.

Additional Resources

Gerry's Medical Malpractice YouTube Channel

Gerry's Educational Medical Malpractice website

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