Pigeons in the Station
Q: Every day, I used those subway stairs. I often saw pigeon droppings, all over the station. I had complained repeatedly to station workers. I saw the stuff hours before my accident, and I saw it again at the time of my accident.
A: First, you must file a Notice of Claim, including sufficient information to allow the defendants to investigate your claim. The Notice advises the defendants of the place and approximate time of the accident. It should state that the claim involves steps that were slippery, dirty and greasy. Further, the Notice should state that the defendants and its employees were negligent in their maintenance and inspection of the stairways, that the stairways were not in a reasonably safe condition, and that the defendants knew or should have known of the condition.
You will need sufficient evidence from which the jury can infer that the defendants had actual knowledge that pigeons regularly left their droppings on the stairway which were regularly permitted to remain for an unreasonable period of time. You will need to show that there was a lack of ordinary care in the management of the premises at the time and place in question.
In this way, the jury will be entitled to charge the defendants with constructive knowledge of each reoccurrence of this hazardous condition. The jury will be entitled to find that the defendants should reasonably have foreseen that, under the conditions that prevailed, it was only a matter of time until someone might be injured.
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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