Home » Blog » Premises Liability

Premises Liability

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 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 […]

In Capobianco v. Stop & Shop Supermarket Co. LLC, No. 14 CIV. 6112 (NSR), 2017 WL 1157173 (S.D.N.Y. Mar. 24, 2017), a personal injury slip-and-fall action, the court denied defendant’s motion for summary judgment. In sum, plaintiff testified that upon entering the “bottle room” of defendant’s supermarket (i.e., the area where customers tend to their recycling […]

In Faughey v. New 56-79 IG Assoc., L.P., 2017 NY Slip Op 02608 (App. Div. 1st Dept. April 4, 2017), the court affirmed the dismissal of negligence claim against the owner and tenant arising from the murder of Kathryn P. Faughey by David Tarloff. From the decision: The motion court correctly dismissed the complaint. Even […]

In Ledesma v. AMA Grocery, Corp., 42 N.Y.S.3d 157, 158 (N.Y. App. Div. 1st Dept. Dec. 6, 2016), a personal injury trip-and-fall case, the court affirmed the denial of summary judgment to the landlord/defendant. In this case, plaintiff alleged that they sustained injuries when they fell on a raised metal strip at the edge of […]

In Bogaty v. Bluestone Realty NY, Inc., 2016 NY Slip Op 08343 (App. Div. 2d Dept. Dec. 14, 2016), the court affirmed the dismissal of plaintiff’s trip-and-fall personal injury lawsuit. Here, “plaintiff allegedly tripped and fell over a wheel stop in a parking space at a small supermarket located in Great Neck.” The court summarized […]

Santa Claus has a difficult job. In addition to needing to violate the laws of physics, there’s always the risk of injury. This could happen in many ways, including Falling off an icy/unsalted roof, Getting stuck in a too-narrow chimney, Being burned by a lit fireplace upon descending down a chimney, Tripping and falling over scattered […]