Syracuse Personal Injury Law Blog
While accidents frequently happen in businesses or social establishments, not every fall or injury creates a basis for legal recovery. In premises liability cases, New York courts require proof of a dangerous condition and evidence that the landowner either created or knew about the defect. A recent decision issued in a slip and fall case in New York illustrates how the courts review the sufficiency of evidence and compliance with discovery rules when evaluating whether a case should proceed to trial. If you have been injured in a fall or another incident on unsafe property, it is critical to consult with a Syracuse personal injury attorney about your rights and remedies.
History of the Case
It is reported that the plaintiff commenced an action in 2015, seeking damages for personal injuries she allegedly sustained after falling at approximately 11:45 p.m. while attempting to enter a bar through its rear doorway. The bar was owned by the defendant bar owners, while the premises themselves were owned by the defendant property owner, who leased the space to the bar.
It is further reported that the plaintiff alleged she lost her balance and fell while stepping on a “steep ramp” at the threshold of the doorway. She contended that the condition of the ramp created a hazardous entranceway, which caused her accident. The defendants moved for summary judgment, arguing that the threshold did not constitute a dangerous or defective condition and that the plaintiff could not establish liability without resorting to speculation. They submitted photographs of the entranceway and an expert report stating that no unsafe condition existed.
It is reported that the discovery had been ordered to be completed by October 2018, but the plaintiff did not serve an expert witness disclosure by that deadline. Instead, she submitted an expert affidavit dated 2016 only when opposing the defendants’ summary judgment motions in 2022. The trial court declined to consider the affidavit, reasoning that it was untimely, and granted summary judgment in favor of the defendants. The plaintiff then appealed.
Discovery Deadlines in Personal Injury Cases
On appeal, the court noted that, under New York premises liability law, a plaintiff must demonstrate the existence of a dangerous condition and that the defendant either created it or had actual or constructive notice of it. The court explained that defendants may obtain summary judgment by showing that no dangerous condition existed or that the plaintiff’s allegations rest only on speculation.
The court disagreed with the trial court’s finding that the plaintiff could not identify the cause of her fall. The plaintiff’s testimony that she lost her balance on a “steep ramp” was sufficient to avoid dismissal on speculation grounds. Nonetheless, the court affirmed summary judgment for the defendants because they had made a prima facie showing through photographs and expert analysis that the threshold was not defective or dangerous.
The court also addressed the plaintiff’s attempt to rely on expert evidence submitted years after the discovery deadline. Under CPLR 3101(d)(1)(i) and CPLR 3212(b), courts have discretion to accept or reject late expert disclosures. Here, the court held that the plaintiff failed to offer a reasonable excuse for her four-year delay in serving expert evidence and did not show good cause for omitting the affidavit prior to filing an amended note of issue. The court concluded that the trial court properly declined to consider the expert affidavit. As a result, the plaintiff failed to raise a triable issue of fact, and dismissal was warranted.
Talk to a Dedicated Syracuse Personal Injury Attorney
When people fall or suffer other injuries on another party’s property, it often leads them to wonder whether a defective condition contributed to their harm. Establishing liability requires more than speculation, though, and procedural compliance plays a crucial role in whether a case survives dismissal. If you or a loved one were injured in a slip and fall accident, the skilled Syracuse personal injury attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate whether you have a valid claim. Contact us at 833-200-2000 or reach out online to schedule a free and confidential consultation.