Foreign Dumpster Means No Strict Liability (NY)
In Yong Qiao Zhao v. ATC Construction Group Corp., the Second Department held that if a plaintiff construction worker travels to use a public dumpster unaffiliated with the property on which the construction work is happening, then strict liability pursuant to Labor Law 240(1) cannot attach to the unaffiliated property owner. In this action, plaintiff had been hired by defendant A.T.C....Read More 0
Does The Operator Of A Snowplow Need To Operate By The Rules Of The Road? (NY)
In Kaffash v. Village of Great Neck Estates, the Appellate Division, Second Department addressed whether the defendants were entitled to summary judgment on the issue of liability after the defendant struck the plaintiff while operating a snowplow. On the date in question, one of the defendants was operating a snowplow owned by his employer (co-defendant). While moving the plow in reverse, the...Read More 0
Settlement Release Deemed Binding (PA)
The Court of Common Pleas of Monroe County recently denied a plaintiff’s attempt to bring legal action against third-parties after previously executing a settlement release. In Slinger v. Sal-Mart, the court found that the unambiguous language of the settlement release barred any potential claims the plaintiff had against third-parties. The incident occurred when the plaintiff, a customer at...Read More 0
Amazon: The Benefits of Brick and Mortar Stores Without Any of the Responsibility (NY)
Who is responsible when you order a defective product from the middleman? Due to the COVID-19 pandemic, the world has seen the importance of online shopping. Websites such as Amazon have thrived during this time while in person shopping remains impossible in certain parts of the globe. But what happens when that item you ordered from Amazon is defective in some way and the buyer sustains...Read More 0
Virus Coverage Doesn’t Always Mean Coronavirus Coverage (PA)
As the ever-changing landscape of COVID-19 insurance litigation gets more and more crowded, courts are becoming even more attentive to the language of the insurance policies at issue. In Ultimate Hearing Solutions II, LLC v. Twin City Fire Insurance Co., the Eastern District of Pennsylvania Court dissected an insurance provision titled “Virus Coverage” and found for the insurer based on a...Read More 0
NJ Appellate Division Upholds Dismissal of Plaintiff’s Premises Liability Claim (NJ)
In Quejada v. Shoprite, plaintiff alleged she slipped and fell on water on Shoprite’s floor resulting in injuries to her spine. Plaintiff had slipped in an area close to where customers pay for their groceries. Plaintiff did not notice anything on the floor before her fall, but noticed her clothing was wet after she fell. Plaintiff did not know the source of the water. Plaintiff’s counsel...Read More 0
Basketball, Glass Doors, and Premises Liability (NY)
Acevedo v. The Madison Square Garden Co., No. 157997/16, 2021 WL 65434 (NY Sup. Ct. Jan. 7, 2021) is a personal injury case, wherein Plaintiff alleged damages after walking into a transparent glass panel upon ingress to Madison Square Garden. Specifically, Plaintiff claimed defendants were negligent by failing to mark the glass panel, which he collided with after passing through security at...Read More 0
by Colleen HayesJanuary 22, 2021 Consumer Fraud Act, New Jersey, Of Interest, Product Liability0 comments
New Jersey Opens Door to Treble Damages in Products Claims (NJ)
New Jersey’s Supreme Court troublingly opened the door to avaricious plaintiffs, potentially allowing plaintiffs to simultaneously allege product liability actions and actions under the Consumer Fraud Act. The Consumer Fraud Act allows for the potential of treble damages, attorneys fees, and costs to successful plaintiffs. Until recently, the Product Liability Act, which governs the strict...Read More 0