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Articles Posted in Premises Liability

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

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…

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

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,…

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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)

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…

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

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.…

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

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…

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

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…

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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…

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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…

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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…

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When a Broken Lock Leads to Tragedy. Scurry v New York City Housing Authority, 2023 NY Slip Op 02752

In Scurry v New York City Housing Authority, the New York Court of Appeals considered whether the Housing Authority could avoid liability where intruders gained access to buildings through doors with broken locks and committed violent attacks. The key question was whether the targeted nature of the attacks severed the…

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