Premises Liability

A Coworker Is Not A “Safety Device” Contemplated By NY Law (NY)

Noel Castillo v. TRM Contracting 626, LLC, No. 23185/2019 (Bx. Cnty. Sup. Ct. Aug. 18, 2021) is a personal injury action, wherein plaintiff allegedly sustained damages at a construction site.  The instant decision resolved plaintiff’s summary judgment motion on his Labor Law § 240(1) claim. On the day of plaintiff’s accident, he was tasked with taping plastic over windows in preparation of...Read More

Game, Set, Match: Plaintiff Tripping On Tennis Court Has No Claim Under Primary Assumption of Risk Doctrine (NY)

In Schwartz v. Ramapo, 2021 NY Slip Op 04773 (2d Dept. 2021), a plaintiff was playing tennis when she suffered injuries after tripping on a raised sprinkler head in between two tennis courts owned and operated by the Town of Ramapo.  The Rockland County Supreme Court Judge dismissed the Ramapo defendants’ under the doctrine of primary assumption of risk. “Pursuant to the doctrine of primary...Read More

Google Images Insufficient In Attempt To Prevail On Liability (NY)

In Robinson v. Hess Retail Stores, LLC ,the Appellate Division, Second Department addressed the Supreme Court’s denial of plaintiff’s summary judgment motion on the issue of liability. Plaintiff alleged personal injuries when she tripped over a hole on the sidewalk abutting defendants’ premises. Plaintiff eventually moved for summary judgment contending the defendants were negligent in failing...Read More

Step on Elevator Crack, Break High Heel Back (NY)

Martha Suero-Miller v. Berken Building Co., L.L.C., No. 717010/2020 (Qns. Cnty. Sup. Ct. Jul. 8, 2021) is a personal injury action, wherein plaintiff allegedly sustained damages in a trip-and-fall at her job, due to a mis-leveled elevator. Consequently, she sued the building owner, its managing agent, and the elevator service company hired to maintain the subject elevator. The instant decision...Read More

Failure to Preserve Surveillance Video Undercuts Key Defense Argument (PA)

A recent opinion in Nixon v. Family Dollar Stores of Pennsylvania, LLC, a slip and fall case from the Middle District of Pennsylvania, highlights the importance of preserving video surveillance, and the potentially dire consequences for failing to do so. In April 2018, Vanessa Nixon was shopping for a birthday card at a Family Dollar store in Williamsport, Pennsylvania, took five or six steps...Read More

Ice, Ice Baby (NJ)

In New Jersey, a plaintiff sought to recover after he slipped on ice, fell, and broke his hip. The night before the accident, it had been sleeting and raining, creating a hazardous condition. At the time of plaintiff’s fall, the conditions were still ongoing. Plaintiff’s expert stated that the defendant, a property manager, could have mitigated the dangerous and icy conditions had they...Read More

Panic at the Mall: Security Guard Liability (NY)

Are mall security officers liable for injuries caused to patrons by mass panic such as a stampede, evacuations, or active shootings, pursuant to their duties to provide safety? A New York Appellate Court , in Grogan v Roosevelt Field Mall, was recently met with this issue when a mall patron became injured at Roosevelt Field Mall during a false panic. In 2013, security guards at a Macy’s...Read More

PA Landowner Avoids Liability for Snowmobile Crash, Snowmobile Club Not So Lucky

In Conway v. N.E.P. Sno Trails, Inc., the Court of Common Pleas of Lackawanna determined that a landowner could not be held liable for a snowmobiler’s injuries that occurred on its property. The court did, however, find that the snowmobile club the snowmobiler was a member of could be held liable. Plaintiff, Brent Conway, filed a negligence action against a snowmobile club and landowner after...Read More

Call Your Next Witness – Angela Levitan of ARCCA Discusses Biomechanical and Human Factors Analysis

Generally, I’m amused by the term “human factors” in the context of expert testimony.  Doesn’t everything involving people necessarily involve human factors?    When I was a prosecutor, I was similarly amused by the “Anti-Crime” police unit.   As opposed to the “pro crime” unit?    Apologies for the Faulkner-esque stream of consciousness...Read More

Not So Slippery Slope: NJ Supreme Court Rules On Slip And Fall Snow / Ice Cases (NJ)

We previously reported a decision by the New Jersey Appellate Division in Pareja v. Princeton International Properties, which held that commercial landowners have a duty to prevent or remediate snow and ice conditions on their sidewalks even when precipitation is falling. The New Jersey Supreme Court, in a landmark decision, has reversed the Appellate Division and has held that the commercial...Read More