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.
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.
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.
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.
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.
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.
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.
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.
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.