Negligence

Denial Of Summary Judgment Reversed In Trip & Fall Due To “Insignificant” Discrepancy In Height Defect (NY)

In Dingman v. Linchris Hotel Corp., NY Slip Op 00168 (2d Dept. 2022), a plaintiff sustained injury in a trip and fall in a hotel lobby undergoing construction where the lobby floor was being re-tiled. Some parts had new tile, while others had no tile at all, exposing the cement floor. Plaintiff tripped on the difference in elevation from the new tiles and the lobby floor, which the hotel...Read More

Hot Yoga Gone Wrong: Gym Saved by Exculpatory Clause in Member Usage Agreement

When it comes to slip and falls, one doesn’t usually think of a hot yoga studio in a luxury gym as a site rife with hazardous conditions. However, in New Jersey, the Appellate Division had to examine a summary judgment decision in a case where plaintiff allegedly slipped and fell on sweat on the floor of a hot yoga studio in Florham Park. Skarbnik v. Life Time Fitness, Inc., 2021 WL 3923270...Read More

Whether Elf On The Shelf Or Toy On The Floor–You Still Have To Look Where You Are Going (PA)

In Debra Pickett v. Target Corporation, the Middle District of Pennsylvania reaffirmed two fundamental principles of premises liability law:  (1) that a plaintiff must establish that a defendant had actual or constructive notice of an alleged defect; and (2) that a plaintiff must look where he is going. Debra Pickett was injured while shopping with her husband at a Target store in Wilkes...Read More

Show Me The Facts (PA)

In Gayle Staiger and John Staiger v. Weis Markets, Inc., d/b/a Weis Markets, a customer of Weis Markets filed suit against the store after she allegedly slipped and fell while browsing the beverage isle. Gayle Straiger, and her husband John Staiger, asserted claims of negligence and loss of consortium against Weis Markets for failing to properly maintain the premises. However, the sole factual...Read More

No Napkin, No Trial (NJ)

In a New Jersey Appellate Division decision from last month, a defendant’s award of summary judgment where a slip and fall was captured on video was affirmed. Estate of Lillianthal by Cohen v. Baskin-Robbins, 2021 WL 5108555 (App. Div. 2021). In this case, plaintiff fell inside a Dunkin Donuts, purportedly because of a green, sticky substance and errant napkin. Plaintiff did not notice a...Read More

Can A New York Property Owner Be Liable For A Plaintiff’s Unforeseen Conduct?

In Morales v. Mid Bronx Senior Citizens Council, Inc., a New York trial court recently addressed whether commercial property owners were liable for an accident caused by a plaintiff’s unforeseen conduct. Plaintiff in that case alleged that after the conclusion of his employment training at a senior citizen’s home, he attempted to leave the property, but the gate was locked. He then attempted...Read More

Proof of Planted Tree Alone Does Not Create a Dangerous Condition (NJ)

It is long established precedent in New Jersey that residential landowners do not owe a duty to maintain their sidewalks for the safety of pedestrians, but commercial landowners and commercial tenants usually are bestowed a duty to maintain sidewalks for the benefit of the public.  Still, a residential landowner can be liable for a sidewalk defect if the residential owner creates or...Read More

What Happens When Trial Court Permits Plaintiff’s Doctor to Testify that the Defense’s Independent Medical Doctor is paid by an insurance company? A mistrial, according to New York’s First Department

Evidence that a defendant carries liability insurance is generally inadmissible at trial, so when a trial witness spills the beans as to the existence of insurance, a mistrial may be warranted. While a mere reference to insurance will not always result in reversal, New York’s First Department recently held that notifying a jury that an insurance company is generally responsible for hiring...Read More

Tick Tock On The Clock – No Constructive Notice In NJ

The Appellate Division recently ruled that where liquid was on the lobby floor for one minute and twenty-three seconds and no employee was in close enough proximity to the site of the spill, no jury could possibly find constructive notice and therefore summary judgment is appropriate. McKiski v. Harrah’s Atlantic City Operating Company, LLC 2021 WL 4428924 at *3 (2021). In McKiski, plaintiff’s...Read More

Property Owner Is At The Root Of The Problem, Not the City of New York

We present a case this week highlighting the liability of sidewalk maintenance between the City of New York and an abutting property owner. In Konstantinos Gallis v. 23-21 33 Rd., LLC, 2021 NY Slip Op 05549 (2d Dept. 2021), the plaintiff claimed personal injury after he tripped and fell on a raised part of sidewalk. The location of the fall was next to a tree owned by the City of New York....Read More