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Articles Posted in Personal Injury

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In a premises liability case, the court considered whether there was constructive notice of the hazard. Vargas v. Target Corp., 137 A.D.3d 1094 (2d Dep’t 2016)

Plaintiff, Anna Vargas, filed a personal injury lawsuit against Target Corporation after she slipped and fell on a wet floor at one of its stores. Factual Background On December 22, 2008, Anna Vargas went to a Target store located in the Bronx, New York. While she was walking down an…

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Court determined that the NYCHA should have known about a dangerous condition. Nunez v. New York City Housing Authority, 65 A.D.3d 955 (2d Dep’t 2009)

Premises liability is a legal concept that holds property owners and occupiers responsible for injuries that occur on their property due to their failure to maintain safe conditions. This means that property owners have a legal obligation to ensure that their property is free from any hazards or defects that…

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In a case where a police officer driving a patrol car caused an accident, the court considered whether sovereign immunity applied. Salas v. City of New York, 174 A.D.3d 991 (2d Dep’t 2019)

Salas v. City of New York  involves the legal concept of sovereign immunity. The case is particularly relevant to individuals who seek damages from municipal corporations and highlights the importance of understanding the limitations of sovereign immunity.   Factual Background The incident in question occurred on November 11, 2011, in…

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Court considered whether the doctrine of highway defect immunity applied to a wrongful death lawsuit against a municipality. Estate of Fuentes v. Town of Islip, 148 A.D.3d 845 (2d Dep’t 2017)

The Estate of Fuentes v. Town of Islip addresses the issue of the responsibility of municipal corporations to maintain their roadways in a reasonably safe condition for the public. Factual Background The incident in question occurred on February 8, 2007, on Brentwood Road in the Town of Islip. The decedent,…

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Court considered whether the City of New York had a duty to provide additional safety measures beyond those already in place in order to prevent pedestrian accidents. Brown v. City of New York, 945 N.Y.S.2d 390 (2d Dep’t 2012)

Brown v. City of New York is a notable case in the field of municipal liability in New York. The case involved a tragic accident in which a young boy was struck and killed by a car while crossing the street in front of his school. The boy’s family filed…

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Appellate Division considered whether a social host who serves alcohol to an intoxicated person can be held liable for injuries caused by that person to a third party. Vincent v. John Doe #1, 640 N.Y.S.2d 864 (2d Dep’t 1996)

In the case of Vincent v. John Doe #1, the New York Supreme Court, Appellate Division, Second Department, considered the issue of whether a social host who serves alcohol to an intoxicated person can be held liable for injuries caused by that person to a third party. The case has…

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The Appellate Division considered whether a hospital can be held liable for injuries sustained by a patient who leaves the hospital against medical advice. Estate of Zani v. New York City Health & Hosps. Corp., 103 A.D.3d 590 (1st Dep’t 2013)

In Estate of Zani v. New York City Health & Hosps. Corp., the New York Appellate Division addressed the issue of whether a hospital can be held liable for injuries sustained by a patient who leaves the hospital against medical advice. The case is significant because it clarifies the extent…

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Court of Appeals considered whether plaintiff’s wrongful death claim was properly dismissed.  Adames v. Sheepshead Bay Rd. R.R. Co., 303 N.Y. 208 (1951)

In Adames v. Sheepshead Bay Rd. R.R. Co., the New York Court of Appeals addressed the issue of whether a common carrier can be held liable for injuries sustained by a passenger when the passenger voluntarily disembarks from the carrier’s vehicle before reaching their destination. The case is significant because…

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Injured worker can sue third party for damages even if workers’ compensation benefits have been paid. Brescia v. G.F. Hämmerle, Inc., 7 N.Y.2d 544 (1960)

Brescia v. G.F. Hämmerle, Inc. highlights the rights of injured individuals to pursue damages beyond the scope of workers’ compensation benefits. New York workers’ compensation is a system designed to provide benefits to employees who are injured or become ill on the job. Under New York law, most employers are…

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Comparative negligence in a Pedestrian Car Accident Case. Kozlowski v. Ringler, 189 A.D.2d 1025 (4th Dep’t 1993)

Pedestrian accidents are a significant public health concern that can cause devastating injuries, permanent disabilities, and fatalities. According to the National Highway Traffic Safety Administration (NHTSA), pedestrian deaths accounted for 17% of all traffic fatalities in the United States in 2019. Despite the increasing awareness and efforts to reduce pedestrian…

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