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Thursday, April 24, 2014

Proving Fault In Slip-And-Fall Cases: What is Reasonable?

To prove fault, the injured party must prove that the property owner/possessor did not act reasonably.  To do this, we suggest asking questions like:
  • How long did the dangerous condition exist?
  • Did the person responsible for the property regularly inspect or clean the property?
  • Was there a precaution that could have been taken to eliminate the dangerous condition?
It is also important to make sure the injured party acted reasonably.  If the injured party was somewhere they shouldn't have been, was acting in an unsafe manner, or ignored warning signs, it is unlikely that they will have a winning case.

If you or a loved one was injured in a slip-and-fall accident, call us at 1-800-669-4878 so that we can review the situation and help advise you on a course of action.

Tuesday, April 22, 2014

How To Prove Fault In A Slip And Fall Accident/Case

Every slip and fall case is different, but in each one fault must be determined.  It is generally the responsibility of the injured party to prove that the accident was caused by a dangerous condition or negligence.


Proving fault in a slip and fall case can be difficult.  First, it must be shown that the injured party did everything that a "reasonable" person would have done to be safe.  We are all responsible for being aware of our surroundings and doing our best to avoid dangerous conditions.  Second, it must be shown that the property owner/possessor did one of the following:

  • Knew about a dangerous condition on the property and did not fix it
  • Caused a dangerous condition and did not fix it
  • Should have known about a dangerous condition because another "reasonable" person in their position would have known about it.

Thursday, April 03, 2014

Buttafuoco and Associates Seeks To File $300 million Lawsuit Against Con Edison on behalf of the Victims of the Fatal Harlem Gas Leak Explosion

New York, NY, April 3, 2014 — Daniel P. Buttafuoco and Associates filed the first in a series of personal injury/wrongful death lawsuits against Consolidated Edison (“Con Ed”) in relation to the tragic gas leak explosion at the Spanish Christian Church in Harlem. The suit seeks damages in excess of $300 million on behalf of the victims that were injured or killed in the March 12 blast.

The lawsuits, filed in Manhattan Supreme Court, allege negligence against Con Ed and seek compensation for serious, life-altering injuries, death and loss of property. “Con Ed’s antiquated system of gas mains and pipelines continue to pose a threat to the City’s residents," said Daniel Buttafuoco. "The devastation caused by this horrific event was profound, permanent and could have been prevented if not
for the negligent behavior of those responsible for the maintenance of the city’s utility infrastructure."

Currently, a total of 10 separate actions, including five wrongful death lawsuits, two personal injury lawsuits and two property damage claims are being filed. Property damage cases will be handled on a pro-bono basis. Buttafuoco and Associates is also in the process of establishing guardianships and estates for the deceased and anticipate filing additional lawsuits.