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…
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…
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…
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…
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…