Premises Liability

Plaintiffs Might Need a Stopwatch: Plaintiff’s Defect Claim Dismissed Due To Failure To Prove How Long A Defect Existed

In Hendershot v. Walmart, Inc., the Pennsylvania District Court for the Middle District of Pennsylvania dismissed a case against Walmart because the plaintiff failed to provide evidence of how long a mat was rolled up before the plaintiff tripped and fell. In Hendershot, the plaintiff filed suit against Walmart after she tripped and fell on a rolled-up mat in her local Walmart store. Walmart...Read More

Plaintiff’s Premises Liability Argument Trashed By The Appellate Department

In a recent premises liability claim, a plaintiff slipped and fell on refuse on the walkway of her building.  She brought suit arguing there was an issue of fact as to constructive notice to the defendant, however the First Dept. disposed of her argument.   In Rodriguez v. NYC Housing Authority, 2022 NY Slip Op 03461 (1st Dept. 2022), plaintiff had a slip and fall on the walkway of the...Read More

No Owing If It’s Still Snowing (PA)

The trial court in Monroe County granted summary judgment in a premises liability case where the Plaintiff slipped and fell during an ongoing storm of freezing rain and snow, thereby reaffirming that a property owner has no obligation to correct snow and ice conditions until a reasonable time after the storm has ended. In Mertira v. Camelback, Elsa Mertira was injured when she slipped and fell...Read More

Tenant Not Responsible For Sidewalk Maintenance In The Absence Of Lease Requirement Or Conduct Creating Liability

In Segovia v R.T.H. Assoc. LLC, the Supreme Court of New York, Bronx County, recently addressed the issue of whether a commercial tenant occupying a property adjacent to a public sidewalk had a duty to maintain and repair same. Plaintiff in that case alleged that she fell while walking on the sidewalk adjacent to the property near the property line with an adjacent building. The tenant moved...Read More

Common Owners Get Hit With Joint Liability (PA)

In a recent case from the Eastern District of PA, Snyder v. Hunt, the court granted plaintiff’s appeal for a directed verdict after finding plaintiff established a prima facie case of premises liability against common landowners. Evidence provided multiple owners of a driveway extending between two rows of houses and enjoyed an easement over the driveway in common with other abutting owners,...Read More

Commercial Landlord Protected by Indemnification and Risk Transfer Clause in Lease (NY)

New York General Obligations Law Section 5-321 provides that every agreement in connection with the lease of real property exempting the lessor from liability for damages for injuries to person or property caused by or resulting from the negligence of the lessor in the operation or maintenance of the real property shall be deemed void as against public policy. In other words, a tenant cannot...Read More

Transitory Condition Limits New York Premises Liability For Out-of-Possession Landlord (NY)

On January 26, 2022, the New York Appellate Division, Second Department in Santiago v. Post Road Associates LLC, 201 A.D.3d 980 (2022) found, among other things, that an out-of-possession landlord did not owe a duty of care to a plaintiff who alleged a trip and fall on a metal bracket that was lying on an interior staircase at her place of employment. The plaintiff’s employer, White Plains...Read More

Good Record Keeping Stressed In New York Premises Liability Case (NY)

We have previously reported on the importance of good record keeping to help preserve a potential notice defense in New York premises liability cases. In Buffalino v. XSport Fitness, the Appellate Division, Second Department recently addressed these issues in a case in which the plaintiff was injured when the arm and foot pedal of an elliptical machine she was using came loose. She alleged...Read More

Bowling Alley Strikes Out In Its Attempt To Be Spared Liability (NY)

Plaintiff’s emanated from a slip and fall at the defendant’s bowling alley in Clifton Park New York. Ms. Muscato alleges she slipped and fell causing her injuries because the floor near the ball return was excessively slippery. In defending the action and moving for summary judgment, the bowling alley offered the testimony of its manager who stated they neither created the slippery...Read More

Tragedy At CitiField Does Not Create An Unreasonable Duty To The Property Owner (NY)

Antonio Narainasami, decedent, and his friends attended a New York Mets baseball game at Citi Field, and like many New York Mets fans, they decided to leave the game early by the 8th inning, and headed toward the escalators.  The escalators had been turned off at the end of the 7th inning and barricades had been placed to prevent patrons from walking down the escalators and redirected them to...Read More