Premises Liability

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So-called slip-and-fall cases, a species of “premises liability” cases, are deceptively easy/straightforward. Some may believe that if a person slips and falls on a foreign substance (e.g., water), the owner of the property is automatically liable. Not so. In Parietti v. Wal-Mart Stores, Inc., 2016 NY Slip Op 04923 (N.Y. App. Div. 2d Dept. June…

Read More Slip/Fall Case Dismissed Against Walmart
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Ceiling-collapse cases are one type of “premises liability” personal injury case. Generally, a landowner has an obligation to maintain their property in a reasonably safe condition. In Lozano v. Mt. Hope Place Props., Inc., 2016 NY Slip Op 05545 (App. Div. 1st Dept. July 14, 2016), a ceiling-collapse case, the court affirmed the dismissal of plaintiff’s…

Read More Ceiling Collapse Personal Injury Case Dismissal Affirmed
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Today, July 4th, is a federal holiday – also known (here, anyway) as Independence Day – commemorating the adoption of the Declaration of Independence on July 4, 1776 by the Continental Congress declaring that the 13 original American colonies considered themselves a new nation (the United States of America) and no longer part of the British…

Read More Have a Happy Fourth of July – Just Be Careful
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In Brothers. v. 574 9th Ave. Rest. Corp., No. 1458, 2016 WL 3341787 (N.Y. App. Div. 1st Dept. June 16, 2016), a slip-and-fall case, the court affirmed the denial of defendants’ motion for summary judgment. From the decision: The testimony of defendant bar proprietor that he personally inspected the bathrooms and areas outside the bathrooms, just…

Read More Slip/Trip and Fall on Water/Debris Case Survives Summary Judgment
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In Mero v. Vuksanovic, 2016 NY Slip Op 05025 (App. Div. 1st Dept. June 23, 2016), the court modified a lower court order to reinstate plaintiff’s allegations concerning defendants’ failure to install smoke detectors. This case concerns the application of NYC Administrative Code § 27-2045, which pertains to the duties of the owner and occupant with respect to…

Read More Wrongful Death Action, Based on Failure to Install Smoke Detectors, Continues
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In Sada v August Wilson Theater, 2016 NY Slip Op 05024 (App. Div. 1st Dept. June 23, 2016) – a personal injury/premises liability/slip-and-fall case – the court unanimously affirmed the denial of defendant’s motion for summary judgment. From the Order: Plaintiff alleges that as he was returning to a show at defendant August Wilson Theater after having…

Read More Slip/Fall on Wet Staircase; Plaintiff Survives Summary Judgment
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The First Department’s recent decision in Rios v 1146 Ogden LLC, 2016 NY Slip Op 01420 (App. Div. 1st Dept. Feb. 25, 2016) illustrates one way in which a plaintiff injured on someone’s property can overcome summary judgment. There, the plaintiff alleged that she was injured “when she was caused to fall in the bathroom of her…

Read More Complaints to Live-In Super Sufficient Evidence of Notice to Overcome Summary Judgment in Apartment Tile Injury Case
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In Saffaf v Lincoln Ctr. for the Performing Arts, 2016 NY Slip Op 30312(U) (Sup Ct NY Cty Feb. 23, 2016), plaintiff alleged that he was injured while inside the Metropolitan Opera House (leased from owner Lincoln Center for the Performing Arts) when he slipped and fell when descending stairs located on the orchestral level. Lincoln…

Read More Lease Not Dispositive in Lincoln Center Slip/Fall Case
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In Sangaray v West Riv. Assoc., LLC, 2016 NY Slip Op 01002 (N.Y. Ct. App. Feb. 11, 2016), New York’s highest court interpreted NYC Administrative Code 7-210, which (generally speaking) shifts liability from the city to the owners of abutting property. The court held that summary judgment should not have been granted in favor of defendant property…

Read More Location of Alleged Defect Alone Does Not Dictate Liability in Sidewalk Defect Trip/Fall Case, Court of Appeals Holds
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In McRae v. Venuto, No. 2014-10748, 2016 WL 515794 (N.Y. App. Div. 2nd Dept. Feb. 10, 2016), the court held that plaintiff raised a triable issue of fact on her slip-and-fall case: Here, the defendant established, prima facie, his entitlement to judgment as a matter of law by submitting the deposition testimony of the plaintiff, which…

Read More Eyewitness Affidavits Save Slip-and-Fall Case From Summary Judgment Dismissal
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