Slip/Trip and Fall

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In Balleram v. 11P, LLC, 2016 NY Slip Op 06458 (App. Div. 1st Dept. Oct. 4, 2016), the court affirmed a lower court’s order granting summary judgment dismissing plaintiff’s complaint. Briefly, plaintiff sued to recover damages for personal injuries she allegedly sustained as a result of her slipping and falling while standing in her bathtub taking a…

Read More Court: No Statutory Duty to Install a “Handrail or Grab-Bar” in Apartment Bathroom
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In Pinkham v. West Elm, 2016 NY Slip Op 05899 (App. Div. 1st Dept. Aug. 25, 2016), a trip-and-fall personal injury case, the Appellate Division, First Department reversed a decision denying defendants’ motion for summary judgment. That is, plaintiff loses. From the decision: Defendants established entitlement to judgment as a matter of law in this action…

Read More Personal Injury (Premises Liability) Case Dismissed Against West Elm
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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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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 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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In Lee v. New York City Tr. Auth., 2016 NY Slip Op 03086 (App. Div. 1st Dept. April 21, 2016) – a slip-and-fall case – the court reversed a lower court order granting defendant’s motion for summary judgment. From the decision: Plaintiff seeks damages for injuries she sustained when she slipped and fell on a banana…

Read More Subway Banana Slip-and-Fall Case Continues
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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 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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