In most Buffalo personal injury lawsuits where an injury was caused by a dangerous condition on property, the injured party will proceed against the current property owner. In rare cases, the personal injury case may actually proceed against the prior owner of the property.
Usually, the responsibility of a seller for injury resulting from a dangerous condition on the premises ceases upon sale of the property. This may change, however, if certain criteria are met. First, the dangerous condition must have existed at the time the property was sold. Second, the seller must have known about the dangerous condition – or had information from which a reasonable person would conclude that a dangerous condition existed – and failed to tell the buyer about it. Third, the buyer must not have known about the condition or been able to discover it using reasonable care.
If all three of these conditions are met, the seller may be liable for the personal injury. If, however, the buyer had reasonable opportunity to discover the dangerous condition and repair it, but failed to do so, the seller’s liability is terminated.
If you have been injured by the dangerous condition of another’s property, we would be happy to help you. We can be reached at 716-542-5444.
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