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…
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…
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,…
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…
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…
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…
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.…
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…
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…
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…