Premises Liability

Published on: August 14, 2023

Trial court decision in favor of defendant in a slip and fall case upheld on appeal. Gonzales v. 1477-79 LLC, 124 A.D.3d 1141 (2d Dep’t 2015)

by Stephen Bilkis

In premises liability cases, landlords have a duty to ensure that their property is safe for visitors, including tenants. When landlords fail to maintain their property and a visitor is injured as a result, they may be held liable for the visitor’s injuries.

In a slip and fall case, a plaintiff must typically show that the defendant had a duty to maintain the property in a safe condition, that the defendant breached this duty by allowing a hazardous condition to exist, that the plaintiff was injured as a result of this breach, and that the defendant’s breach was the proximate cause of the plaintiff’s injuries. To establish a breach of duty, the plaintiff must show that the defendant knew or should have known about the hazardous condition and failed to take reasonable steps to address it. Additionally, the plaintiff must show that they exercised reasonable care and caution and that their own negligence did not contribute to their injuries. The specific legal requirements and burden of proof may vary depending on the jurisdiction and the specific circumstances of the case. In Gonzales v. 1477-79 LLC, the plaintiff was injured in the common area of his apartment building due to the defendant landlord’s failure to maintain the property.

Factual Background

Published on: August 9, 2023

Court addressed the issue of whether the defendant was negligent in maintaining its premises. Scheer v. Stop & Shop Supermarket Co., 110 A.D.3d 1039 (2d Dep’t 2013)

by Stephen Bilkis

Product liability cases are complex and require a thorough understanding of the law and the facts surrounding the case. In a premises liability case against a retailer store, the plaintiff must show that the store had a duty to maintain a safe environment for its customers and that it breached that duty by failing to address a known hazard or dangerous condition. The plaintiff must also show that the store’s breach of duty was the proximate cause of their injuries, and that they suffered damages as a result.

In Scheer v. Stop & Shop Supermarket Co., the plaintiff, Susan Scheer, was injured while shopping at Stop & Shop Supermarket when a can of food fell from the shelf and struck her in the head. Scheer filed a lawsuit against Stop & Shop Supermarket Co., alleging that the store was negligent in failing to properly maintain and inspect its shelves.

Factual Background

Published on: August 7, 2023

Court considered a product liability claim based on an injury from a table saw. Whitaker v. Sears, Roebuck & Co., 120 A.D.3d 865 (2d Dep’t 2014)

by Stephen Bilkis

Whitaker v. Sears, Roebuck & Co. is a product liability case that was decided by the Appellate Division of the Supreme Court of New York in 2014. The case involved a plaintiff, Michael Whitaker, who was injured while using a table saw that he had purchased from Sears. The decision of the court in this case is important because it provides guidance on the extent of a manufacturer’s duty to warn consumers about the dangers associated with their products.

Factual Background

In 2003, Michael Whitaker purchased a table saw from Sears. The table saw was designed and manufactured by Rexon Industrial Corp., a Taiwanese company. The saw was sold under the Craftsman brand, which is owned by Sears. The saw came equipped with a blade guard and anti-kickback pawls, which are safety features designed to prevent serious injuries.

Published on: July 26, 2023

Did the defendant retail store breach its duty of care by failing to maintain the premises in a safe condition? Saleh v. Rite Aid Corp., 89 A.D.3d 1022 (2d Dep’t 2011)

by Stephen Bilkis

In Saleh v. Rite Aid Corp., the plaintiff brought a personal injury lawsuit against the defendant after slipping and falling on a wet floor in the defendant’s store. This case raises important legal issues related to premises liability and the duty of property owners to maintain safe premises for their customers.

Factual Background

On January 27, 2006, the plaintiff, Saleh, entered a Rite Aid store in Brooklyn, New York, to purchase items. While walking down an aisle, she slipped and fell on a wet floor. The plaintiff suffered injuries to her knee, hip, and back as a result of the fall.

Published on: July 24, 2023

Vasquez v. Church of God of Prophecy, 155 A.D.3d 807 (2d Dep’t 2017)

by Stephen Bilkis

Premises liability cases often hinge on the question of whether a property owner or occupier had notice of a hazardous condition that caused an injury. In Vasquez v. Church of God of Prophecy, the plaintiff brought suit against a church after she slipped and fell on a wet floor while attending a service. The case raised important questions about the duties of property owners to maintain safe premises and the burden of proof that plaintiffs must meet in premises liability cases.

Factual Background

On the day of the accident, the plaintiff attended a church service at the defendant’s property. While walking from the bathroom to her seat, she slipped and fell on a wet floor, sustaining injuries. The plaintiff alleged that the defendant had negligently failed to maintain the premises in a safe condition and that it had constructive notice of the hazardous condition that caused her injuries.

Published on: July 19, 2023

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)

by Stephen Bilkis

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 aisle in the store, she slipped and fell on a wet floor. Vargas sustained injuries as a result of the fall, including a fractured ankle and herniated discs.

Published on: July 17, 2023

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)

by Stephen Bilkis

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 could cause harm to people who visit the property. If a property owner or occupier fails to fulfill this duty, and someone is injured as a result, the owner or occupier may be held liable for the resulting damages. Premises liability cases can arise in a variety of contexts, including slip and fall accidents, dog bites, swimming pool accidents, and more.

Nunez v. New York City Housing Authority involves a dispute over the liability of a property owner for injuries sustained by a tenant. The case highlights the legal principles governing premises liability and the duty of property owners to maintain safe premises.

Factual Background

Published on: May 22, 2023

Appellate Division reviewed a case involving a bicyclist injured in an accident caused by a manhole cover. Bonilla v. City of New York, 165 A.D.3d 675 (1st Dep’t 2018)

by Stephen Bilkis

Bicycling is a popular mode of transportation in New York City, but it can be hazardous, especially when encountering potholes. Potholes on roads, bike lanes, and sidewalks can cause accidents and serious injuries to cyclists. In Bonilla v. City of New York. the court considered whether the City of New York was liable for a cyclist’s injuries resulting from a pothole.

Cycling has become an increasingly popular mode of transportation in New York City, with many residents opting to bike to work, school, or leisure activities. However, cycling in the city can be hazardous due to the many hazards that cyclists face, including potholes, manholes, and other road defects. The case of Bonilla v. City of New York is a premises liability case that addressed the issue of liability for a bicycle accident caused by a manhole cover.

Background

Published on: May 17, 2023

Court determined whether the State of New York was liable for a pothole accident. Focarino v. State of New York, 256 A.D.2d 642 (2d Dep’t 1998)

by Stephen Bilkis

Potholes are a common cause of bicycle accidents in New York, often resulting in serious injuries for cyclists. The responsibility for maintaining roadways in a safe condition falls on governmental entities such as the State of New York. If a pothole is present for a significant amount of time and the government entity has knowledge of its existence, but fails to take appropriate action to repair it, under premises liability law they may be liable for injuries resulting from bicycle accidents. Cyclists in New York should exercise caution when riding on roads with known potholes and report any dangerous conditions to the appropriate authorities.

Background

In Focarino v. State of New York, the plaintiff, Anthony Focarino, was riding his bicycle on a state park road in New York when he struck a pothole and was thrown from his bike. Focarino suffered several injuries, including a fractured wrist and elbow, as well as various cuts and bruises. He filed a lawsuit against the State of New York, alleging negligence on their part for failing to properly maintain the roadway and allowing the dangerous condition to persist. Specifically, Focarino argued that the pothole had been present for a significant amount of time prior to his accident, and that the State of New York had knowledge of its existence but failed to take appropriate action to repair it.

Published on: May 15, 2023

In a skateboarder injury case, the court discussed the duty of municipalities to maintain sidewalks to avoid injuries. Singh v. City of New York, 57 A.D.3d 367 (1st Dep’t 2008)

by Stephen Bilkis

Skateboarding is a popular sport among teenagers and young adults. While skateboarding can be a fun and thrilling activity, it can also be dangerous. One of the most common injuries associated with skateboarding is a sidewalk skateboard injury. In recent years, there have been several lawsuits filed against cities and municipalities for failing to maintain safe sidewalks for skateboarders. One such case is Singh v. City of New York.

A sidewalk skateboard injury can occur when a skateboarder falls off their board while riding on a sidewalk. The injuries can range from minor scrapes and bruises to more serious injuries such as broken bones, head trauma, and spinal cord injuries. According to the Centers for Disease Control and Prevention (CDC), skateboarding injuries account for approximately 66,000 emergency room visits each year in the United States.

Cities and municipalities have a duty to maintain safe sidewalks for pedestrians, including skateboarders. This duty includes repairing cracks, potholes, and other hazards that could pose a danger to pedestrians. Under premises liability law, failure to maintain safe sidewalks can result in liability for the city or municipality if a pedestrian is injured as a result of the unsafe conditions.