Friday, August 6, 2010

Using the Big Apple Map to Make Out Constructive Notice Against Landowner.

Let's face it ; In a perfect world on a case against a property owner relating to a trip and fall accident on "their sidewalk", an investigator's report, good color photos, an engineer's on site inspection and an affidavit from a notice witness will usually get you to the "promised land". But when all else fails or to supplement your other proofs, a positive "Big Apple Map" for the same defect ,introduced at trial will usually get you to the jury on your constructive notice theory.
It doesn't matter that the City is not a party. One of my customers recently used the map at trial in conjunction with photos to secure a plaintiff's verdict against Penn Plaza.
Hopefully this will aid you in the future, and it will also go a long way towards securing funding if requested.

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