FOR BREAKING NEWS VISIT WWW.QNS.COM NOVEMBER 9, 2017 • QUEENS BUSINESS • THE QUEENS COURIER 17
A BARRICADE TO LIABILITY
Q: My wife was riding her bicycle on the parking lane of a street. Unfortunately,
a construction barricade had fallen over. Although my wife attempted to
turn her bicycle to avoid the barricade, she lost control and collided with a passing
vehicle. That’s what the witnesses tell me.
A: Most likely, you will sue the owner of the property that was under
construction, the general contractor for the construction project, and at least one
subcontractor. The defendants will make such arguments as: (1) we owed no duty
of care to your wife because the accident occurred in a street, and not on our
property; (2) we did not create or have notice of the fallen barricade; and (3) the
accident was caused by your wife’s negligent operation of her bicycle, and not by
the fallen barricade.
With regard to the first of these arguments, your lawyer will want to
know whether the owner, or the general contractor, had a permit to use a portion
of the street to store construction material. If so, that alone is a powerful indication
that the defendants had a duty to maintain the parking lane in a reasonably
safe condition.
With regard to the second argument, your lawyer will need to gather all
the evidence – by means of depositions, document requests and other discovery
devices, and other resources such as the internet. With regard to the third, it is the
defendants who will be searching for evidence.
The elements of negligence are a duty owed to you, a breach of that duty,
and injury proximately resulting from that breach. This sounds like a winning
case in all three respects.
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