Recent Blog Posts
Plaintiff Fails to Prove Injury is a “Serious Injury” for Purposes of New York Car Accident Law
Generally speaking, New York’s no-fault insurance law limits the ability of a person injured in an auto accident to recover any compensation beyond the insurance policy limits for bodily injury, unless the person suffered a “serious injury,” in which case the injured person is entitled to sue for damages in court. Section 5102(d) of… Read More »
Judges Disagree Over Emergency Doctrine in New York Automobile Accident
The emergency doctrine relieves a person of liability for negligence (such as causing a car accident) while the person is reacting to an emergency, if the actions taken were reasonable and prudent in the context of the emergency. In order for the doctrine to apply, there must be some sudden and unforeseen emergency not… Read More »
Sidewalk Trapdoor Stairs are Not Interior Stairs, Rules Bronx Court in NYC Slip & Fall
New York City’s building code requires that “interior stairs” of buildings be kept free from obstructions, and a person injured due to obstructed stairs could sue the landlord or building owner for damages caused by the obstruction in a slip and fall. The Building Code identifies many different types of stairs, such as “interior… Read More »
City’s Violation of Trash Ordinance Could Spell Liability for NYPD Officer’s Trip and Fall Injury
A New York City Police Department Sergeant pursued a suspect onto a vacant lot owned by the City. The lot was strewn with debris, including a makeshift structure which the officer thought the suspect may have fled into. When the officer “kind of jumped” on the structure, his foot went through the plywood, causing… Read More »
New York City Car Crash Yields Battle of Summary Judgment Motions: Plaintiff Wins on Liability but Loses on Serious Injury
A rear-end collision at West 40th Street and 12th Avenue in Manhattan back in 2009 led to litigation against the following car by the driver of the rear-ended car, who alleged personal injury. Recently the Supreme Court, New York County, decided summary judgment motions submitted by the plaintiff and defendant drivers. Both parties in… Read More »
New Laws May Lessen Liability for Emergency Responders Who Cause Accidents
New York Vehicle & Traffic Law section 1104 was enacted to authorize emergency responders to violate certain traffic laws when responding to an emergency and to be exempt from liability for any accidents they cause during an emergency, so long as they were not acting with reckless disregard for the safety of others. However,… Read More »
Slip and Fall in Stairwell Raises Questions of Fact for the Jury to Decide
In a slip and fall premises liability case, it is ultimately the responsibility of the injured plaintiff to prove that the defendant property owner either created the danger, or had actual or constructive knowledge of the condition but failed to correct it in a reasonable period of time before the accident happened. However, New… Read More »
Timing of Inspections Can Be Critical to Premises Liability Cases
In order to hold a property owner responsible for a dangerous or defective condition on the property that causes injury, the injured person must be able to show that the owner either created the condition, or knew or had reason to know about the condition but failed to correct it within a reasonable time… Read More »
No Common Law Indemnity from Subcontractor Without a Grave Injury
In the recent case of Mouta v. Essex Mkrt. Dev. LLC, the Appellate Division of the Supreme Court of New York ruled on the contractor’s liability for the injuries sustained to a worker in a gravity-related accident. Although the contractor can normally be held liable for a construction worker’s injuries pursuant to various New… Read More »
Contractor Must Actively Supervise Employee or Work Site to be Liable Under Labor Law 200 or Common Law Negligence
Property owners and contractors can be held liable for worksite injuries under several different sections of New York Labor Law, such as sections 200, 240(1) or 241(6). Each section has different requirements to hold the contractor liable, however, and it is crucial for the injured worker to understand the differences among the three in… Read More »
