Slip/Trip and Fall Archives - Page 13 of 16

January 19, 2014 by mjpospis

Citing Erroneous Jury Instruction on Constructive Notice, Court Orders New Liability Trial in Subway Slip/Fall Case

In a recent case, Harrison v. New York City Tr. Auth., the First Department clarified how juries must be instructed on the issue of constructive notice in a slip-and-fall case. There, the court reversed a judgment entered on a $500,000 jury verdict for plaintiff and ordered a new trial on liability. Plaintiff “slipped and fell on…

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January 18, 2014 by mjpospis

Defendant Wins in Trip and Fall Case, Where Plaintiff Could Not Demonstrate “Affirmative Negligence” Exception to “Prior Written Notice” Requirement

In Pulver v. City of Fulton Dept. of Public Works (App. Div. 4th Dept. Jan. 3, 2014), the court reversed the lower court’s denial of defendant’s motion for summary judgment, and dismissed plaintiff’s complaint. There, [plaintiff sued] to recover damages for injuries that she allegedly sustained when she tripped and fell in a hole in the…

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January 16, 2014 by mjpospis

Pool Slip/Fall Case Dismissed; Water Was “Necessarily Incidental” to Use of Pool

In Dove v. Manhattan Plaza Health Club, the Appellate Division, First Department dismissed plaintiff’s complaint seeking recovery for injuries after slipping on water around a health club’s indoor pool. Defendants “showed that the presence of such water was ‘necessarily incidental’ to the use of the pool.” In response, plaintiff failed to raise a triable issue…

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January 11, 2014 by mjpospis

Tenant Absolved of Liability Where Slip/Trip and Fall Occurred in Location Outside Leased Premises

A recent Appellate Division, First Department case, Vivas v. VNO Bruckner Plaza LLC (decided January 7, 2014) illustrates the obvious point that in slip/trip and fall cases, specific attention must be paid to exactly where the accident occurred. The court reversed the trial court’s denial of defendant Payless Shoesource, Inc.’s motion for summary judgment, and…

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January 8, 2014 by mjpospis

Trip/Fall on Subway Steps Survives Summary Judgment

In DaSilva v. New York City Transit Authority, the Appellate Division, First Department denied defendant’s motion for summary judgment. In this trip-and-fall case: Plaintiff allegedly tripped and fell on a step on stairway P4A which accesses a platform in the Rockefeller Center, IND division subway station. It appears that metal treads installed on the horizontal…

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January 7, 2014 by mjpospis

Fall in IRS Office Results in $712,000 Award

A recent Eastern District of New York decision, Berroyer v. U.S., illustrates that paying taxes can be literally painful. Plaintiff and his wife sued the United States of America under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), seeking recovery for injuries sustained during a meeting with an IRS auditor. Plaintiff was injured when “his foot became caught…

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January 5, 2014 by mjpospis

Since Wheel Stop Was “Open and Obvious”, Trip and Fall Complaint Should Have Been Dismissed

In Bellini v Gypsy Magic Enters., Inc., the Appellate Division, Second Department held that plaintiff’s complaint should have been dismissed. Plaintiff alleged that she sustained injuries after she tripped and fell over a wheel stop located in a parking lot of a strip mall in Wantagh. “While a landowner has a duty to maintain its premises in…

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January 3, 2014 by mjpospis

Ice Slip/Fall Case Continues

In Dominguez v. 2520 BQE Assoc., LLC, the Appellate Division, First Department recently affirmed the denial of defendant Time Warner Cable’s (TWC) motion for summary judgment. First, the facts: Plaintiff was injured when he slipped and fell on a sheet of ice at the top landing of a four-to-five step staircase as he exited a…

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January 3, 2014 by mjpospis

New York City Law Regarding Removal of Snow and Ice

Snow and ice are common culprits in slip-and-fall cases. If you are injured after slipping and falling on snow, ice, or other debris, you may have a claim for damages. In New York City, Section 16-123 of the New York City Administrative Code dictates when landlords and owners (among others) must remove snow, ice and dirt…

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December 28, 2013 by mjpospis

Summary Judgment Properly Denied to Defendant in Trip-and-Fall Case Under the “Nondelegable Duty Exception” to Non-Liability for Independent Contractor’s Acts

In Blatt v. L’Pogee, Inc., the Appellate Division, Second Department, recently held that the trial court properly denied summary judgment to defendant in this trip-and-fall case. Plaintiff, a salesperson employed by defendants as an independent contractor, claimed that he tripped and fell on a hazardous condition created by another independent contractor salesperson employed by defendants.…

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