Slip/Trip and Fall

To succeed in a slip-and-fall case, the injured plaintiff must establish that the defendant property owner was negligent. This is typically done by showing that they had actual or constructive notice of, yet failed to correct, the dangerous condition. In a recent decision, Canteen v. New York City Housing Authority, 2018 NY Slip OP 05733…

Read More Slip/Fall Dismissal Affirmed; Notice Undermined by Caretaker Affidavit
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In Green v. Price Chopper, Inc., 2018 NY Slip Op 05578 (App. Div. 2nd Dept. Aug. 1, 2018), a personal injury trip-and-fall case, the court held that the defendant supermarket was not entitled to summary judgment on liability. Plaintiff testified that she tripped and fell over a raised portion of a rubber mat near the supermarket…

Read More Raised Mat Not “Trivial” Defect as a Matter of Law; Summary Judgment for Defendants Reversed
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One common type of personal injury case involves someone being injured as a result of tripping and falling on someone’s property, resulting in injury. In these so-called “trip-and-fall” cases, courts have developed and applied the “trivial defect” doctrine. The Law In determining whether a defect is “trivial” as a matter of law, the court must…

Read More The “Trivial Defect” Doctrine in Personal Injury Trip-and-Fall Premises Liability Cases
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In Chojnacki v. Old Westbury Gardens, Inc., 2017 NY Slip Op 05706, 2017 WL 3045841 (App. Div. 2d Dept. July 19, 2017), the court reversed a lower court’s finding that the alleged defect that caused plaintiff to fall – a raised brick – was “trivial” as a matter of law. From the decision:: The Supreme Court…

Read More Trip/Fall Case Survives Summary Judgment; Raised Brick Was Not a “Trivial Defect” as a Matter of Law
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In Lebron v. 142 S 9, LLC, 151 A.D.3d 835, 54 N.Y.S.3d 679, 680 (N.Y. App. Div. 2d Dept. June 14, 2017), the Second Department affirmed the lower court’s denial of defendant’s motion for summary judgment on plaintiff’s personal injury slip-and-fall case. Here, plaintiff alleged that she was injured when she slipped and fell on…

Read More Slip/Fall Plaintiff Survives Summary Judgment; Defendants Did Not Submit Evidence Regarding Specific Cleaning
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In Andersen v. El Triunfo Laundromat Corp., 54 N.Y.S.3d 166, 167–68 (N.Y. App. Div. 2d Dept. 2017), the court affirmed the denial of summary judgment to defendant in plaintiff’s slip-and-fall case. Plaintiff alleged that they slipped and fell due to the presence of a foreign substance on the floor of defendant’s premises. Summarizing the (familiar, now…

Read More Slip/Fall Plaintiff Survives Summary Judgment in Light of Fact Issue as to Constructive Notice
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In Capobianco v. Stop & Shop Supermarket Co. LLC, No. 14 CIV. 6112 (NSR), 2017 WL 1157173 (S.D.N.Y. Mar. 24, 2017), a personal injury slip-and-fall action, the court denied defendant’s motion for summary judgment. In sum, plaintiff testified that upon entering the “bottle room” of defendant’s supermarket (i.e., the area where customers tend to their recycling…

Read More Supermarket Slip/Fall Personal Injury Claim Survives Summary Judgment
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In Jeremias v. Lake Forest Estates, No. 2015-08003, 2017 WL 424673 (N.Y. App. Div. 2d Dept. Feb. 1, 2017), a personal injury slip/trip-and-fall case, the court affirmed the lower court’s denial of defendant’s motion for summary judgment. The law, as summarized by the court: A defendant moving for summary judgment in a slip-and-fall case has the…

Read More Testimony About General Cleaning Practices Insufficient to Establish Summary Judgment for Defendant in Slip/Fall Personal Injury Case
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In Ledesma v. AMA Grocery, Corp., 42 N.Y.S.3d 157, 158 (N.Y. App. Div. 1st Dept. Dec. 6, 2016), a personal injury trip-and-fall case, the court affirmed the denial of summary judgment to the landlord/defendant. In this case, plaintiff alleged that they sustained injuries when they fell on a raised metal strip at the edge of…

Read More Landlord Not Entitled to Summary Judgment in Trip-and-Fall Case
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