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…
Articles Posted in Personal Injury
Construction Worker Struck by Falling Plank Allowed to Proceed with Labor Law Claim. Martinez v. Turner Constr. Co., 2018 NY Slip Op 51516(U)
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…
Dog Bite Victim Allowed to Pursue Negligence Claim. Flanders v Goodfellow, 2025 NY Slip Op 02261
In April 2025, the New York Court of Appeals reversed long-standing precedent by allowing a dog bite victim to pursue a negligence claim, not just a strict liability claim. Rebecca Flanders worked as a postal carrier. On December 8, 2018, she delivered a package to the home of Stephen and Michelle…
Worker Injured After Fall from Ladder on Home Renovation Project. Chowdhury v. Rodriguez, 57 A.D.3d 121 (2d Dep’t 2008)
In Chowdhury v. Rodriguez, the Appellate Division, Second Department, considered whether a homeowner could be held liable for injuries suffered by a construction worker who fell from a ladder during a porch renovation. The court evaluated whether the worker’s claims under Labor Law §§ 200, 240(1), and 241(6) could survive…
Landlord Liability for Dog Bite Injury on Leased Property. Strunk v. Zoltanski, 96 A.D.2d 1074 (2d Dep’t 1983)
In Strunk v. Zoltanski, the Appellate Division, Second Department, addressed whether a landlord could be held legally responsible for injuries caused by a tenant’s dog. The case involved an incident where a child was bitten by a dog while on leased property. The court considered whether the landlord’s knowledge of…
When Is a Dog Owner Liable for a Dog Bite in New York? Collier v. Zambito, 1 NY3d 444 (2004)
In Collier v. Zambito, the New York Court of Appeals examined whether the owners of a family dog could be held liable for a bite injury to a child who had been invited into their home. The court focused on whether the dog showed any prior signs of vicious behavior…
New York Court Limits Animal Injury Claims to Vicious Propensity Rule. Bard v. Jahnke, 6 N.Y.3d 592 (2006)
In Bard v. Jahnke, the New York Court of Appeals addressed whether a property owner could be held liable for injuries caused by a domestic animal—specifically, a dairy bull—under a common-law negligence theory. The court considered whether an owner could be held responsible for failing to warn or restrain an…
Summary Judgment Granted to City After Park Injury Involving Metal Panel. K.B. v. City of Mount Vernon, 2024 NY Slip Op 04299 (App. Div. 2d Dep’t Aug. 28, 2024)
In K.B. v. City of Mount Vernon, 2024 NY Slip Op 04299, the Appellate Division, Second Department addressed whether the City of Mount Vernon could be held liable for injuries allegedly caused by a defect in a public park. The infant plaintiff was injured when a hinged metal panel covering…
Worker Injured After Fall from Ladder Recovered Under Labor Law § 240(1). Dibrino v. Rockefeller Center North, Inc., 2024 NY Slip Op 03558 (1st Dept.)
The Appellate Division, First Department, decided the case of Dibrino v. Rockefeller Center North, Inc. on July 2, 2024. The case involved a construction worker who fell from a ladder on a commercial job site in Manhattan. The key question was whether the defendants violated New York Labor Law §…
Ladder Fall Caused by Worker’s Own Actions Did Not Support Labor Law § 240(1) Claim Blake v. Neighborhood Housing Services, N.Y. City, 1 N.Y.3d 280 (2003)
In Blake v. Neighborhood Housing Services, N.Y. City, the New York Court of Appeals addressed whether a worker injured while using a ladder could recover under Labor Law § 240(1) when the ladder provided proper protection and the worker’s own actions were the only cause of the fall. This case…