Premises Liability

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 DiPasquale v. Boys & Girls Harbor Inc., 2018 NY Slip Op 04947 (App. Div. 1st Dept. July 3, 2018), a personal injury/premises liability case, the court unanimously affirmed the denial of defendant’s motion for summary judgment. This case underscores the responsibilities that premises owners have to maintain their property in a reasonably safe condition. From…

Read More Electrocution Injury Case Against Employer’s Landlord Survives Summary Judgment
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In Correa v. Matsias, 2017 WL 4159254 (N.Y.A.D. 2 Dept. Sept. 20, 2017), a ceiling-collapse personal injury case, the court held that plaintiff could not employ the doctrine of “res ipsa loquitur” at trial. That doctrine, explained the court, is a rule of evidence that permits an inference of negligence to be drawn solely from…

Read More “Res Ipsa Loquitur” Doctrine Held Inapplicable in Ceiling-Collapse Personal Injury Case, But Complaints to Superintendent Demonstrated Notice Sufficient to Overcome Summary Judgment
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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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One frequently-occurring personal injury case is the so-called “slip-and-fall” case, which in turn is a species of “premises liability” claims. One court[1]Decker v. Middletown Walmart Supercenter Store, No. 15 CIV. 2886 (JCM), 2017 WL 568761 (S.D.N.Y. Feb. 10, 2017) recently summarized the law as follows: In New York, [t]o establish a prima facie case of…

Read More Surviving Summary Judgment in a Slip-and-Fall Premises Liability Case
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In Lee v. Acevedo, 2017 NY Slip Op 05586 (App. Div. 2d Dept. July 12, 2017) – a personal injury premises liability case – the Appellate Division reversed the lower court’s award of summary judgment to defendant. Here are the facts, as summarized by the court: [Plaintiff alleged that she was injured] after she fell backwards…

Read More Fall-Down-Stairs Personal Injury Case Survives Summary Judgment
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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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