Premises Liability

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

When Does the Homeowner’s Exemption Apply in a Labor Law Case? (NY)

In Capuzzi v. Fuller, 2021 NY Slip Op 07335 (3d Dep’t, December 23, 2021), the Third Department recently addressed whether a homeowner was entitled to the homeowner’s exemption in a New York Labor Law lawsuit. Plaintiff in that case alleged that he was hired to perform construction at defendant’s home and sustained injuries in a fall while installing floor joists. Plaintiff sued the homeowner...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

Speculative Evidence Is Not Sufficient In A New York Slip And Fall Case (NY)

To prevail on a summary judgment motion in a slip and fall action, a defendant has the initial burden of showing that it (a) did not create the hazardous condition and (b) did not have actual or constructive notice of its existence. In order to prove lack of constructive notice, a defendant must proffer evidence as to when the site was last cleaned or inspected prior to the accident....Read More

Loose Wheel On The Shopping Cart Goes Round And Round (NY)

In Scalia v. King Kullen Grocery Co. Inc., 2021 NY Slip Op 06384 (2d Dept. 2021), Plaintiff was using one of King Kullen’s shopping carts and began to push it forward when one of the wobbly wheels came into contact with a crack on the sidewalk in front of the supermarket, causing her to fall and injure herself. The Second Department affirmed the trial court’s denial of Kullen’s summary...Read More

Let The Fact Finders Decide (PA)

In Daniel Spisak v. Advanced Auto Parts, Inc., Mr. Spisak brought a negligence claim against Advanced Auto Parts for failing to properly maintain its parking lot after a winter storm. On December 22, 2017, Mr. Spisak was dropping off a delivery of car batteries to an Advanced Auto Parts in Connecticut when he slipped and fell on an icy patch located in the company’s parking lot. Spisak...Read More