Recent Blog Posts
Violation of Any Code Section Does Not a Lawsuit Make
A Manhattan trial court judge recently considered the claims of a woman who sued her building after being injured on the building’s staircase. The judge found that the plaintiff’s claims based on outdated or general code sections were not an appropriate basis for an award of personal injury damages. The case, titled Barnard v…. Read More »
Claim against Dog Owner Dismissed for Injuries Not Caused by “Vicious Propensity”
The First Department of the New York Appellate Division recently considered whether a claim could be made against a dog owner for injuries received not from a vicious dog, but from a dog that was simply not under an appropriate amount of control. The court dismissed the claim, but pointed out that the lack… Read More »
Fatally Injured Trip-and-Fall Victim’s Claims Allowed to Proceed
Claims filed by the estate of a fatally-injured fall victim may now move forward toward trial after the Appellate Division rejected the defendant property owner’s attempt to have the claims dismissed. The case illustrates several issues faced by plaintiffs claiming injuries from a trip-and-fall, and the defenses that property owners may attempt to assert…. Read More »
Appellate Division Finds Driver Responsible for Accident in Icy Weather
In a recent case before the First Department of the New York Appellate Division, the court was asked to decide whether a driver who rear-ended another driver should be deemed responsible for a crash which he claimed was caused by snowy roadway conditions. Collision after rear vehicle skids on ice The case, titled Matos… Read More »
Agent of Homeowner Held Liable for Injuries Received on Job Site
In a recent case before the Second Department of the New York Appellate Division, an injured construction worker will be permitted to continue pursuing a claim for his injuries after a fall on a job site located on a single-family residential property. This case is an example of a rare exception to the rule… Read More »
Man Fatally Injured in Forklift Accident at Queens Facility
Recently, a young man working at an auto parts facility in Queens received fatal injuries from an accident involving a forklift. Forklift accidents are surprisingly common, but they can often be prevented with careful equipment maintenance and adequate safety training. Rolling forklift pins man against vehicle The recent accident occurred on Saturday, February 11…. Read More »
Employer Succeeds in Having Injured Employee’s Scaffold Law Claim Dismissed
New York’s Scaffold Law imposes financial liability on employers who do not provide safe conditions or safety equipment to employees injured while working at a height on New York construction sites. While the law has been applied to a broad array of injury types and job sites, plaintiffs filing claims under Labor Law §… Read More »
Court Grants Plaintiff’s Motion for Summary Judgment in Claim Based on a Failure to Yield
In a recent ruling by the Appellate Division of New York, the court determined that a trash truck driver who entered an intersection without yielding sufficiently bore 100% of the legal responsibility for an ensuing accident where the other driver had no duty to yield. Collision in an intersection with a two-way stop The… Read More »
Drivers Must Avoid Emergency Personnel by Changing Lanes
A recent case before the New York Appellate Division highlights a law that many New York drivers might not know about that affects how they should react when passing emergency personnel pulled over along the side of the road. You may not realize that the law requires you to give stopped emergency personnel, such… Read More »
Absolute Liability for Employers Who Do Not Provide Safety Equipment
A recent decision by the New York Appellate Division has granted a plaintiff’s request to find his employer liable for failing to provide necessary safety equipment under Labor Law § 240(1). The worker was injured by a fall after a defective ladder slipped out from under the worker as he tried to move to… Read More »
