Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the easy-footnotes domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/wp-includes/functions.php on line 6121

Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the google-document-embedder domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/wp-includes/functions.php on line 6121

Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the ninja-tables-pro domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/wp-includes/functions.php on line 6121

Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the spam-free-wordpress domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/wp-includes/functions.php on line 6121

Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the themelia domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/wp-includes/functions.php on line 6121

Deprecated: The called constructor method for WP_Widget class in wpcs_search_Widget is deprecated since version 4.3.0! Use __construct() instead. in /var/www/wp-includes/functions.php on line 6121

Deprecated: The called constructor method for WP_Widget class in wpcs_most_view_Widget is deprecated since version 4.3.0! Use __construct() instead. in /var/www/wp-includes/functions.php on line 6121
Carpet Trip/Fall Case Continues – Pospis Law, PLLC
Warning: Trying to access array offset on value of type null in /var/www/wp-content/themes/themelia/inc/themelia.php on line 274

Carpet Trip/Fall Case Continues

In Jangana v. Nicole Equities LLC (App. Div. 1st Dept. Apr. 9, 2015), a trip-and-fall case, the Appellate Division, First Department rejected the defendants’ argument that the alleged injury-causing defective condition – here, a moving carpet – was “trivial” as a matter of law.

The court explained:

Summary judgment was properly denied in this action where plaintiff alleges that he was injured when, while making a delivery to a tenant in defendants’ building, he tripped over mislaid or raised carpeting on the staircase of the building. The evidence demonstrates that triable issues exist as to whether defendants had constructive notice of the defective condition. Plaintiff testified that he noticed the condition of the carpet when making deliveries to the premises on prior occasions. In addition, defendants’ own expert stated that the carpet in question would move three-eighths of an inch upon an application of 25 pounds of horizontal force. Contrary to defendants’ contention that any defect in the carpet was trivial, whether a defective condition, here, the movement of the carpet, exists so as to create liability depends on the peculiar facts and circumstances of each case and is generally a question of fact for the jury.

Share This: