Open And Obvious Condition Of Exterior Step Extinguished Defendant’s Liability (NY)
Generally, a New York landowner has a duty to maintain his or her property in a reasonably safe condition. However, there is no duty to warn of or protect against conditions that are not inherently dangerous and are “open and obvious.” A condition is deemed “open and obvious” if it is readily observable by those reasonably using their senses given the surrounding conditions at the time of the...Read More
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Medical Evidence Key To Establishing “Serious Injury” Defense Under New York Insurance Law §5102(d) (NY)
Article 51 of the New York Insurance Law generally requires that a plaintiff in a personal injury lawsuit arising from negligent use or operation of a motor vehicle must show that he or she suffered a “serious injury.” New York Insurance Law § 5102(d) lays out what types of injuries will be deemed sufficiently “serious” for the plaintiff to pursue money damages. The Appellate Division, Second...Read More
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Duty To Defend Does Not Extend To Liability From “Lessor’s Risk” Due To Injury To Non-Tenants Off-Premises
The United States District Court for the Eastern District of New York recently granted an insurer’s motion for summary judgment and declaratory judgment that it did not have a duty to defend or indemnify the defendant landlord holding that the term “lessor’s risk,” as used in insurance policies, is an unambiguous term that does not cover tort claims from non-tenants injured off the...Read More
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No Good Deed Goes Unpunished (NY)
In Bridget Bardio v. Rego II Borrower, LLC, 2023 NY Slip Op 00405 (2d Dept. 2023), plaintiff sustained trip and fall injuries when she fell on the stairs of a mall. Plaintiff and her husband had just left a restaurant and argued in front of an elevator heading to the garage. Plaintiff admittedly was intoxicated at the time. The mall security guard came over, de-escalated the argument, and the...Read More
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Open And Obvious Danger Defense Affirmed In Federal PA Case
In recent case of Pusateri v. Wal-Mart Stores East L.P., the United States District Court for the Western District of Pennsylvania found that under PA state law, landowners do not owe business invitees a duty of care for open and obvious dangers that can be avoided through invitees’ exercise of ordinary care. In Pusateri, plaintiff sued Walmart Stores East, L.P. (“Walmart”), alleging...Read More
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Middle Car In “Chain Collision” Can Escape On Summary Judgment
Defending a rear-end collision when plaintiff is in a stopped car can be difficult, the cards are stacked against you and generally speaking, so is the law. Plaintiff only needs to establish that they were stopped as prima facie showing that the operator of the rear vehicle was negligent. However, the Second Department has recently held that, the same rules do not apply for a “middle” car in...Read More
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College Security Program Creates Duty To Implement That Program Properly (PA)
In Doe v. Moravian College, 2023 U.S. Dist. Lexis 4027, 2023 WL 144436 (E.D. Pa. Jan. 10, 2023), the Court acknowledged that landlords can be found liable for the criminal conduct of other parties when the landlord establishes a program of security. In Doe, Plaintiff asserted a claim of negligence against her college alleging that the school failed to provide adequate security after she was...Read More
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NY Governor Vetoes Grieving Families Act
Governor Hochul has vetoed the Grieving Families Act bill, just before the January 31, 2023 deadline. If passed, the bill would have expanded the category of persons allowed to recover under wrongful death claims and would have allowed surviving close family members to seek damages for emotional grief or anguish, loss of love, society, protection, comfort, companionship, and consortium, and...Read More
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