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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 […]

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 […]

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 […]

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 […]

In Lebron v. 142 S 9, LLC, 151 A.D.3d 835, 54 N.Y.S.3d 679, 680 (N.Y. App. Div. 2d Dept. June 14, 2017), the Second Department affirmed the lower court’s denial of defendant’s motion for summary judgment on plaintiff’s personal injury slip-and-fall case. Here, plaintiff alleged that she was injured when she slipped and fell on […]

In Sehgal v. www.nyairportsbus.com, Inc., 2017 NY Slip Op 05990 (App. Div. 2d Dept. Aug. 2, 2017) – a hit-in-the-rear car accident personal injury case – the court held that the trial court properly precluded the defendants from asking the injured plaintiff questions about his employment by the law firm representing him in the action and his […]

Duty to Help Those in Danger

by mjpospis on July 24, 2017

in Articles, Personal Injury

You may have read a recent news story about a group of teens who recorded and mocked a disabled man, Jamel Dunn, as he was drowning. If this happened in New York, could the observers be liable in a civil action to recover damages for personal injury/wrongful death?[1]Whether criminal liability may be found is beyond […]

In Andersen v. El Triunfo Laundromat Corp., 54 N.Y.S.3d 166, 167–68 (N.Y. App. Div. 2d Dept. 2017), the court affirmed the denial of summary judgment to defendant in plaintiff’s slip-and-fall case. Plaintiff alleged that they slipped and fell due to the presence of a foreign substance on the floor of defendant’s premises. Summarizing the (familiar, now […]

From Rubino v. 330 Madison Co., LLC, 2017 NY Slip Op 04210 (App. Div. 1st Dept. May 25, 2017): The court properly granted plaintiffs’ motion for partial summary judgment on the Labor Law § 241(6) claim as against appellants. It is undisputed that violations of Industrial Code (12 NYCRR) § 23-1.13(b)(3) and (4) proximately caused […]

In Olenick v. City of N.Y., No. 23466/11, 2017 WL 1743179 (N.Y. Sup. Ct. Kings Cty. May 4, 2017) – a personal injury case by a bicyclist injured when a pedestrian stepped into his path on the Brooklyn Bridge – the court denied the City’s motion for summary judgment and to dismiss plaintiff’s complaint. By its […]