Mud at the Bus
Q: Near a bus stop, as I prepared to enter, my foot sank into mud on the sidewalk, at the curb. I fell. All this happened because the bus had not stopped at the right place. The sidewalk is in front of the city hall, and the bus was operated by the transit authority.
A: Against the city, you will need to prove that it was under a legal obligation to maintain the sidewalk and curb and failed to do so, instead permitting the spot to become dangerous. Against the transit authority, your theory is that it was negligent and reckless in operating its buses, particularly with regard to boarding passengers.
You and any other witnesses will need to appear for depositions, i.e., examinations before trial.
Unquestionably, the defendants will move for summary judgment – trying to cut you off before trial. In order to survive, you must do one of two things. (1) Produce evidentiary proof in admissible form – sufficient to require a trial of the material questions of fact on which you rest your claim. (2) As a weak alternative, demonstrate acceptable excuse for your failure to meet the requirement of tender in admissible form.
Mere conclusions, expressions of hope or unsubstantiated allegations or assertions will not suffice. Also inadequate is a bare affirmation of your attorney. He or she has no personal knowledge of the manner in which your accident occurred; such an affirmation is meaningless as evidence.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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