Slip & Fall Upon Wet/Greasy Conditions Created by Restaurants.

There are many occasions when our clients are injured after they fall due to dropped debris from a restaurant staff member. New York law is clear on who is liable when these types of accidents happen and how to prove the fault of the restaurant if you are injured. In order for the injured person to establish liability of the restaurant for the debris and subsequent fall, she must submit evidence to the judge and jury to create a triable issue of fact of whether or not the restaurant either created the defective, dangerous and wet/greasy condition or had actual or constructive notice of it. The injured person may prove notice by submitting evidence that an ongoing and recurring dangerous condition existed in the area of the fall, which was routinely left unaddressed by the restaurant. If the injured person does establish this "recurrent condition", the restaurant may then be charged with constructive notice of each specific re-occurrence of the hazardous condition. Also, it is well settled that a restaurant is liable if its affirmative acts created or increased the hazard that caused the injury. www.foleygriffin.com