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New York woman sues over ankle injury on glass slide, P.2

Previously, we began looking at several issues at play in a lawsuit filed by a New York woman who was injured on an outdoor glass tower slide and who accused the managers and operators of the slide of negligence. As we noted, whether the managers and owners had control of the property on which the woman was hurt, and whether they had notice of the dangerous condition, are two issues at play in the case.

Under New York law, liability may be imposed on a property owner or occupant in control of the property when the owner or occupant created a dangerous condition that injured the plaintiff, had actual notice of a dangerous condition on the property, or when the owner or occupant should have discovered a dangerous condition through the exercise of reasonable care but failed to take remedial action. 

Assumption of risk is yet another issue in the case. In New York, assumption of risk is usually limited only to recreational or athletic activities, which would fit this case. The defense applies where there is a consenting parties who is aware of the risks involved in the activity and voluntarily assumes those risks. In some cases, there may be a waiver that the plaintiff signed and this can trigger the defense. The key is that the plaintiff cannot assume a risk that is hidden or not inherent in an activity. Whether the defense can be applied in a case is an issue that must be decided in court, however, with all the facts at the court’s disposal.

Those who are injured as a result of a property owner’s negligence deserve to be fairly compensated for their injuries, particularly when these injuries are serious. Working with an experienced attorney helps ensure an accident victim has the opportunity to hold a negligence property owner accountable. 

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