Court Dismisses Personal Injury Case, Finding That Use of Inverted Bucket as Step Stool on Uneven Floor Was “Superseding Cause” of Injury

In Torres v. 1420 Realty LLC, the Appellate Division, First Department recently applied the doctrine of “superseding cause” to affirm the dismissal of plaintiff’s personal injury case.

Under that doctrine, a defendant is relieved of liability where, after his negligence, an unforeseeable superseding event breaks the causal connection between his negligence and a plaintiff’s injuries.

This, according to the Torres court, is what happened here:

Plaintiff sustained injuries when she fell after the paint bucket she was using as a step stool tilted over, allegedly due to the uneven condition of the floor of her apartment in defendants’ building. Plaintiff’s independent and superseding act of using the paint bucket as a step stool, which was placed on an uneven floor, was not foreseeable, thereby breaking the chain of causation.

One takeaway from the court’s (terse) opinion is that – despite what the tort “reform” folks appear to believe (as is evident from, for example, the “Stella Awards”, which in turn derives from a gross misunderstanding of the so-called “McDonald’s hot coffee case”) – the law does provide a rational system for weeding out un-meritorious cases. The mechanisms of this system include the doctrines of superseding cause, assumption of risk, and comparative negligence.

The practical takeaway is not to use a bucket as a step-stool on an uneven floor.

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