FOR BREAKING NEWS VISIT WWW.QNS.COM JANUARY 11, 2018 • THE QUEENS COURIER 43
Tropical Revival
Restaurant & Catering
12-40C Clintonville Street, Whitestone NY 11357
Monday to Friday 11:30am to 7:00pm
Saturday 11:30am to 4:00pm Sunday Closed
347-502-1802 | 917-563-7879
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TRIP TO THE STORE Q: Twenty feet from the supermarket, I tripped in the shopping center’s
parking lot. As I lay on the ground, I noticed many crevices in that area – although I
cannot specifically say precisely which crevice caused me to fall.
A: Real property must be maintained in a reasonably sale condition by its
owner, or by a tenant in possession. The determinative factor is one of possession or
control. Your lawyer will want to see the lease between the shopping center and the
supermarket, to determine who is contractually responsible for the maintenance and
repair of the parking lot. Even if the lease points to the shopping center, perhaps it is
the practice of the supermarket to take responsibility – by inspecting the parking lot
and calling its internal maintenance department with any complaints. After that,
perhaps the maintenance department has a variable record as to whether it will then (a)
notify the shopping center of the problem or (b) assign its own contractor to perform
necessary repairs. Generally, both the shopping center and the supermarket will be
named as defendants.
The defendants are likely to argue that your inability to identify which
crevice prevents you from being able to prove that your accident was proximately
caused by a defect for which they are responsible. Your attorney will reply that your
recollection is sufficient to demonstrate a causal connection between the parking lot
and your fall, and that you are not required to prove precisely which particular crevice
caused your fall.
As always, it is best to have photographs showing the area of the accident,
taken close enough in time that is unlikely that much has changed. Often the victim has
no ability or mood to take photos, but a perceptive bystander will do so, or a wise friend
or relative will come by soon. Photographs which accurately depict the area can help
convince the jury that you know what you are talking about and that the defendants
should have known about the defects.
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