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Published on: June 24, 2025

Injury After Diving from Dock Leads to Premises Liability Claim. Sess v. McGorry, 2019 NY Slip Op 51106(U) (Sup. Ct. Suffolk County 2019)

by Stephen Bilkis

New York property owners are responsible for keeping their premises reasonably safe for people who are invited onto the property. When a guest is hurt while using a feature like a dock or pool, the court looks at whether the owner was negligent in maintaining the property or failed to give warnings. In Sess v. McGorry, the court considered whether homeowners were liable after a guest was hurt diving from their dock into shallow water. The decision looked at the property conditions, the injured guest’s actions, and whether the legal defenses of assumption of risk or sole responsibility applied.

Background Facts
On July 30, 2015, at about 1:30 a.m., Tristan Sess was injured when he dove headfirst into Moriches Bay from the dock of the McGorry family’s summer home in Westhampton Beach, New York. Sess was 19 years old and serving in the Navy. He had visited the McGorry home at least once before to socialize and swim after training with other young men interested in joining Navy special forces.

On the night of the injury, Sess and a group of friends had grilled food, spent time in the hot tub, and repeatedly jumped and dove off the dock into the bay. Sess had consumed a few beers earlier in the day. His girlfriend joined the group that evening. Sess warned her about the shallow water. About ten minutes later, he performed a shallow dive and struck his head on the bay floor.

Published on: June 19, 2025

Product Design Liability and Circular Saws. Voss v. Black & Decker Mfg. Co., 59 N.Y.2d 102 (1983)

by Stephen Bilkis

In New York, product liability law allows an injured person to bring a lawsuit when a product causes harm because it was not reasonably safe. One type of claim involves defective design. In these cases, courts ask whether the product’s design created an unreasonable risk of harm when used as intended. Even when a product functions correctly, it may still be unsafe if a safer design was available at a reasonable cost. This case involved a circular saw and whether it had a design that made it unsafe to use, even though the safety guard worked as intended.

Background Facts

The plaintiff used a circular power saw made by Black & Decker to cut wood for a home project. He stood in his driveway, cutting 2×4 boards on sawhorses. He held the saw in his right hand and braced the wood with his left. The saw had a guard over the blade that retracted when cutting and was supposed to return to a closed position when not in use.

Published on: June 19, 2025

Summary Judgment Granted After Child Injured in Pool Accident. Crampton v. Garnet Health, 2023 NY Slip Op 32278(U) (Sup. Ct. Orange Cnty. 2023)

by Stephen Bilkis

Swimming pool accidents sometimes lead to serious injuries, especially when a pool is not properly maintained, supervised, or labeled with warnings. In New York, legal responsibility for these injuries depends on many factors, including the condition of the pool, the actions of those involved, and the roles of manufacturers, sellers, and property owners. Courts often examine whether the pool had any dangerous defects, whether the injured person was warned about potential hazards, and whether a product or property condition contributed to the accident. This case involved a child who was injured while using an above-ground pool. The court reviewed the evidence to determine whether any party could be held legally responsible for what happened.

Background Facts

In 1982, defendants Paul and Florence Marinaccio purchased a four-foot above-ground swimming pool and a deck kit from defendant Pool Mart, Inc. They installed the pool and deck at their home. Five years later, in 1987, they sold the property—including the installed pool—to defendants Perry and June Hinsken.

Published on: June 17, 2025

Hospital Failed to Show It Didn’t Cause Patient’s Fall. Crampton v. Garnet Health, 2023 NY Slip Op 32278(U) (Sup. Ct. Orange Cnty. 2023)

by Stephen Bilkis

In Crampton v. Garnet Health, the Supreme Court of Orange County considered whether summary judgment was appropriate in a case where a patient fell after being discharged from a hospital. The court reviewed whether the hospital had a duty to protect the patient from falling and whether it had met its legal burden to dismiss the claims against it before trial.

Background Facts

The plaintiff, Susan Crampton, visited Garnet Health on March 6, 2021, due to severe abdominal pain. She was diagnosed with a urinary tract infection and discharged the same day. Hospital staff provided discharge instructions and helped her dress. A nurse then walked her toward the exit. As Crampton neared the automatic doors, she began to fall. A hospital employee, Kevin Silva, caught her and lowered her to the ground.

Published on: June 12, 2025

Court Allows Death to Be Considered Injury Under Nursing Home Law. Hauser v. Fort Hudson Nursing Ctr., Inc., 2021 NY Slip Op 07325

by Stephen Bilkis

In a case involving a nursing home resident’s death, the Appellate Division, Third Department, considered whether Public Health Law § 2801-d permits recovery when the patient dies as a result of a violation of rights. In Hauser v. Fort Hudson Nursing Ctr., Inc., the nursing home argued that the law does not allow for compensation for death under this statute. The court rejected that view and allowed the case to proceed, confirming that the statute includes death as a redressable injury.

Background Facts

Bert Dwain Butler Sr. was a resident at Fort Hudson Nursing Center, which is operated by Fort Hudson Health System, Inc. After his death, the administrator of his estate, Jennifer Hauser, brought a lawsuit against the nursing home. The complaint included several claims: violations of Public Health Law §§ 2801-d and 2803-c, negligence, gross negligence, conscious pain and suffering, and wrongful death.

Published on: June 10, 2025

Worker’s Slip and Fall in School Leads to Dismissal of Injury Lawsuit. Aljahmi v. N.Y.C. Dep’t of Educ., 2024 N.Y. Slip Op. 50227

by Stephen Bilkis

A school maintenance worker who slipped while cleaning a classroom floor sued the New York City Department of Education (DOE) for personal injuries. He argued that the DOE failed to provide a safe work environment. The court reviewed the facts and dismissed the case, holding that the accident was related to the worker’s routine duties and not caused by any violation of law or safety rule by the DOE. This case shows how courts treat injury claims that arise during routine cleaning tasks.

Background Facts

Ahmed Aljahmi worked as a part-time cleaner at William E. Grady Career and Technical Education High School in Brooklyn. He was employed by a contractor hired by the New York City Department of Education. His job included cleaning classrooms and hallways.

Published on: June 5, 2025

Building Owner May Be Held Responsible for Wet Sidewalk Slip. Backiel v. Citibank, N.A., 299 A.D.2d 504 (2d Dep’t 2002)

by Stephen Bilkis

When a property owner hires a contractor to maintain its building, it may assume that the contractor, not the owner, will be responsible for any problems caused by the work. However, in some cases, courts have ruled that owners may still be held legally responsible. One example is Backiel v. Citibank, N.A., where an office cleaner slipped on a wet walkway outside an office building owned by Citibank. Although the area was being cleaned by a contractor, the court decided that Citibank could not avoid responsibility by claiming the work had been delegated.

Background Facts

The plaintiff, Wanda Backiel, worked as an office cleaner. She was employed by Cushman & Wakefield, a company hired by Citibank to maintain its office building located at 399 Park Avenue in New York City. On September 24, 1997, Backiel completed an overnight shift and exited the building early in the morning. As she walked across the plaza in front of the lobby, she slipped and fell on a wet surface.

Published on: June 3, 2025

Slip-and-Fall Lawsuit Against UPS Revived After Ice Injury. Anderson v. United Parcel Serv., Inc., 2021 NY Slip Op 02777 (2d Dep’t)

by Stephen Bilkis

In Anderson v. United Parcel Serv., Inc., 2021 NY Slip Op 02777, the Appellate Division, Second Department, reviewed a personal injury lawsuit brought by a security guard who allegedly slipped on ice while working at a United Parcel Service (UPS) facility. The trial court had dismissed her complaint and also dismissed UPS’s third-party claims against the security guard’s employer, Adelis International Security, Inc.

Background Facts

The incident occurred at approximately 1:26 a.m. on January 1, 2011. The plaintiff, Sandra Anderson, was working as a security guard at a UPS facility in Uniondale, New York. She was employed by Adelis, which had a guard services contract with UPS.

Published on: June 3, 2025

Slip and Fall at Brooklyn Medical Building Leads to Lawsuit. Stroble v. Tes Ave U, LLC, 2020 NY Slip Op 50922(U)

by Stephen Bilkis

When someone slips and falls in a public or commercial building, questions often arise about who is responsible. In Stroble v. Tes Ave U, LLC, a woman who worked as a medical assistant was injured in a fall inside a medical building in Brooklyn. She filed a lawsuit against the building owner, the hospital leasing the space, and the companies hired to clean the building. The court had to decide whether the building owner or other companies involved were responsible for the condition that caused the fall.

Background Facts

On October 22, 2016, Robin Stroble was working as a medical assistant at a medical office located at 98 Avenue U in Brooklyn. Her employer, non-party Dr. Franco, leased space within the building. At about 11:00 AM, Stroble left the building and saw no water on the floor. She returned five minutes later, again seeing nothing unusual. At approximately 1:30 or 1:45 PM, she and a coworker left for the day. However, Stroble soon returned to the office because she had forgotten her employer’s car keys.

Published on: May 23, 2025

Construction Worker Struck by Falling Plank Allowed to Proceed with Labor Law Claim. Martinez v. Turner Constr. Co., 2018 NY Slip Op 51516(U)

by Stephen Bilkis

In Martinez v. Turner Construction Company, the Supreme Court of New York County ruled on competing motions for summary judgment in a construction accident case involving a falling plank. The court found that the injured worker established a valid claim under Labor Law § 240(1) and denied both parties’ motions regarding Labor Law § 241(6), allowing the case to continue.

Background Facts

On October 10, 2014, Bayron Martinez was working at a construction site located at the former Saint Vincent Medical Campus in Manhattan. West Village Residences, LLC owned the property, and Turner Construction Company served as the construction manager. Turner subcontracted masonry work to GEM Roofing and Waterproofing, which employed Martinez as a pointer, caulker, and cleaner.