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Articles Posted in Premises Liability

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Court allowed late notice of claim after trip-and-fall injury at school due to timely knowledge. Messick v. Greenwood Lake Union Free Sch. Dist., 84 N.Y.S.3d 215 (N.Y. App. Div. 2018)

In a legal dispute involving a trip-and-fall incident at Greenwood Lake Middle School, a petitioner sought permission to file a late notice of claim against the school district. The issue centered on whether the delay in filing caused prejudice to the school district and if the petitioner had demonstrated sufficient…

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Court allowed late claims against Suffolk County for water contamination linked to airport chemicals. Brooks v. Cnty. of Suffolk, 177 A.D.3d 969 (N.Y. App. Div. 2019)

In cases involving claims against public entities in New York, adhering to procedural requirements is critical. The case involving petitioners who sought to file late notices of claim against Suffolk County highlights these requirements. The petitioners alleged contamination of their drinking water due to chemicals originating from firefighting foam used…

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Liability in a chain reaction accident. Rodriguez v. The City of New York, 2020 N.Y. Slip Op. 35496 (N.Y. Sup. Ct. 2020)

A chain reaction car accident involves a series of collisions between multiple vehicles, typically initiated by an initial impact. In such incidents, the force of the first collision sets off a sequence of subsequent crashes as vehicles in close proximity react to the unfolding chaos. Determining liability in chain reaction…

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Court addressed the issue of whether the defendant was negligent in maintaining its premises. Scheer v. Stop & Shop Supermarket Co., 110 A.D.3d 1039 (2d Dep’t 2013)

Product liability cases are complex and require a thorough understanding of the law and the facts surrounding the case. In a premises liability case against a retailer store, the plaintiff must show that the store had a duty to maintain a safe environment for its customers and that it breached…

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Court considered a product liability claim based on an injury from a table saw. Whitaker v. Sears, Roebuck & Co., 120 A.D.3d 865 (2d Dep’t 2014)

Whitaker v. Sears, Roebuck & Co. is a product liability case that was decided by the Appellate Division of the Supreme Court of New York in 2014. The case involved a plaintiff, Michael Whitaker, who was injured while using a table saw that he had purchased from Sears. The decision of…

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Did the defendant retail store breach its duty of care by failing to maintain the premises in a safe condition? Saleh v. Rite Aid Corp., 89 A.D.3d 1022 (2d Dep’t 2011)

In Saleh v. Rite Aid Corp., the plaintiff brought a personal injury lawsuit against the defendant after slipping and falling on a wet floor in the defendant’s store. This case raises important legal issues related to premises liability and the duty of property owners to maintain safe premises for their…

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In a premises liability case, the court considered whether there was constructive notice of the hazard. Vargas v. Target Corp., 137 A.D.3d 1094 (2d Dep’t 2016)

Plaintiff, Anna Vargas, filed a personal injury lawsuit against Target Corporation after she slipped and fell on a wet floor at one of its stores. Factual Background On December 22, 2008, Anna Vargas went to a Target store located in the Bronx, New York. While she was walking down an…

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Court determined that the NYCHA should have known about a dangerous condition. Nunez v. New York City Housing Authority, 65 A.D.3d 955 (2d Dep’t 2009)

Premises liability is a legal concept that holds property owners and occupiers responsible for injuries that occur on their property due to their failure to maintain safe conditions. This means that property owners have a legal obligation to ensure that their property is free from any hazards or defects that…

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Appellate Division reviewed a case involving a bicyclist injured in an accident caused by a manhole cover. Bonilla v. City of New York, 165 A.D.3d 675 (1st Dep’t 2018)

Bicycling is a popular mode of transportation in New York City, but it can be hazardous, especially when encountering potholes. Potholes on roads, bike lanes, and sidewalks can cause accidents and serious injuries to cyclists. In Bonilla v. City of New York. the court considered whether the City of New…

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