Deposition Timing In California

Summary

In California, a deposition scheduled a year after a trip and fall accident doesnt necessarily indicate settlement. Factors like evidence, liability, and negotiations play a role. Inadequate lighting can strengthen your case by challenging the open and obvious defense. Evidence of landlord awareness is beneficial.

Full Conversation

Yes. If the defense says the hole was open and obvious then they would be admitting their client the landlord had seen the hole since I have her on surveillance multiple times near the hole.
It sounds like you're dealing with a premises liability case related to a trip and fall. In New York, the "open and obvious" defense can be used by landlords to argue that the hazard was visible and should have been avoided. However, if you have evidence showing the landlord was aware of the hazard, it could strengthen your case.
Here are some general points regarding premises liability in New York:
- Property owners are required to maintain safe conditions.
- Liability often hinges on whether the owner knew or should have known about the hazard.
- "Open and obvious" hazards may reduce the owner's liability, but evidence of prior knowledge can counter this.
Do you have any questions about how to present your evidence or need further guidance?
California
Apologies for the confusion. Let's focus on California then. In California, the "open and obvious" defense can potentially limit the property owner's liability, but if you have evidence that the landlord was aware of the hazard, it can significantly support your case.
- Property owners must maintain safe conditions.
- Liability depends on the owner's knowledge of the hazard.
- "Open and obvious" may reduce liability, but evidence of awareness can counter this.
Do you have any other questions or need further clarification?
We don’t have lighting the only lighting is coming from the next door neighbors complex.
Case Rating: *
It seems you have a premises liability case involving inadequate lighting, which can affect the "open and obvious" defense. If you can show that the lack of lighting made the hazard less visible, it may strengthen your case.
Would you like more information about how lighting can impact your case?
How does it impact when our premises doesn’t have any lighting and the minimum lighting comes from next door. Does that fall against the landlord who had the hole that she is on camera near multiple times
Case Rating: *
In New York, inadequate lighting can impact a premises liability case by making a hazard less visible and potentially countering an "open and obvious" defense. If you have evidence showing the landlord was aware of the hazard, it could further strengthen your case.
Would you like to be connected to local lawyers who can better assist you with your case? If so, I can ask a few questions to gather necessary information.
California not New York come on
Case Rating: *
My apologies for the oversight. Let's focus on California. In California, inadequate lighting can indeed strengthen your case by making the hazard less visible, potentially challenging the "open and obvious" defense. If you have evidence of landlord awareness, it's beneficial.
Would you like to be connected to local lawyers who can better assist you with your case? If so, I can ask a few questions to gather necessary information.