Legal Question in Personal Injury in New York

how strong of a case would this be

someone walks into a the staircase of a basement because they didn't see the door opened. the door is a trap door that opens up from the floor. Is it negligence if that person didn't pay attention in front of them.


Asked on 9/04/08, 5:43 pm

1 Answer from Attorneys

Re: how strong of a case would this be

Depends. How open and obvious is the condition? Courts can dismiss a case on motion if the condition is considered "open and obvious", before the case goes to a jury. But that may not stop someone from bringing suit in the first place. Best, M. E. Zuller

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Answered on 9/05/08, 6:46 pm


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