Every premises liability case in New York, New Jersey and other is unique. Understanding the specifics surrounding your situation is key to successfully prosecuting your claim. In this article, we’ll discuss some differences between a transient and a static condition and how each type requires a different approach in order to establish your case.

Understanding Transient vs. Static Conditions

A transient condition can be thought of as a temporary situation responsible for your injury. For example, spilled milk in a supermarket aisle would be considered a transient condition. This is a temporary situation and the spill will be cleaned shortly after the incident. Another example is ice or snow on a sidewalk.  When it comes to transient conditions, the longer you wait after the incident, the more challenging it will become to gather evidence. In these cases, returning to the scene later may prove ineffective.

Examples of transient conditions can include:

• spilled liquid
• Snow & Ice
• dropped merchandise
• greasy, muddy, dirty floors
• old or bunched up mats/rugs

Gathering Evidence for Transient Condition Cases

If you believe your fall was due to a transient condition, understand that the more evidence you’re able to gather at the scene, the stronger your claim. Take photos, gather witness information and create an incident report document with a store employee. Take note of who you spoke with and what happened before and after the incident.

Conversely to a transient condition is a static condition, which is considered unchanging and generally fixed. As an example, consider uneven stairs with poorly maintained tread guards. This is a fixed situation that can be further inspected with you and your attorney in the evidence-gathering process. Although it’s always best to obtain evidence as soon as possible, a more thorough analysis of the situation is likely possible after the incident when dealing with a static condition.

Examples of static conditions can include:

• unsafe stairs with inconsistent rises, drop-offs, platforms and missing or inadequate handrails
• Poor lighting at a staircase
• cracked or damaged floors or sidewalks
• Improper use of materials (interior tiles used where exterior tiles belong)
• Parking lots with slick striping
• cracked curbs, manholes, elevated or depressed surfaces and more.

Analyzing Static Condition Cases

Cases involving a static condition are nuanced due to the plain view doctrine. The entire situation you experienced at the time of the incident will be analyzed. The defense may oftentimes argue that what caused your accident was in plain sight or that you’ve passed the area before without harm. This should not deter you as there are often many ways to explain this and it is not fatal to your case.

In some cases, a victim may not be certain of the true cause of the unsafe condition which led to their injury. In these cases, it’s important to recall as much as possible about the situation and gather as much evidence as possible. Remember, defendants do not volunteer payment and in most cases will fight your claim. This is why isn’t important to enlist the services of an experienced fall down attorneys like Peter Briskin who will personally investigate your unique situation, help investigate the incident and fight to recover compensation for your losses and suffering.