Personal Injury

Published on: July 26, 2023

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)

by Stephen Bilkis

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 customers.

Factual Background

On January 27, 2006, the plaintiff, Saleh, entered a Rite Aid store in Brooklyn, New York, to purchase items. While walking down an aisle, she slipped and fell on a wet floor. The plaintiff suffered injuries to her knee, hip, and back as a result of the fall.

Published on: July 24, 2023

Vasquez v. Church of God of Prophecy, 155 A.D.3d 807 (2d Dep’t 2017)

by Stephen Bilkis

Premises liability cases often hinge on the question of whether a property owner or occupier had notice of a hazardous condition that caused an injury. In Vasquez v. Church of God of Prophecy, the plaintiff brought suit against a church after she slipped and fell on a wet floor while attending a service. The case raised important questions about the duties of property owners to maintain safe premises and the burden of proof that plaintiffs must meet in premises liability cases.

Factual Background

On the day of the accident, the plaintiff attended a church service at the defendant’s property. While walking from the bathroom to her seat, she slipped and fell on a wet floor, sustaining injuries. The plaintiff alleged that the defendant had negligently failed to maintain the premises in a safe condition and that it had constructive notice of the hazardous condition that caused her injuries.

Published on: July 19, 2023

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)

by Stephen Bilkis

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 aisle in the store, she slipped and fell on a wet floor. Vargas sustained injuries as a result of the fall, including a fractured ankle and herniated discs.

Published on: July 17, 2023

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)

by Stephen Bilkis

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 could cause harm to people who visit the property. If a property owner or occupier fails to fulfill this duty, and someone is injured as a result, the owner or occupier may be held liable for the resulting damages. Premises liability cases can arise in a variety of contexts, including slip and fall accidents, dog bites, swimming pool accidents, and more.

Nunez v. New York City Housing Authority involves a dispute over the liability of a property owner for injuries sustained by a tenant. The case highlights the legal principles governing premises liability and the duty of property owners to maintain safe premises.

Factual Background

Published on: July 12, 2023

In a case where a police officer driving a patrol car caused an accident, the court considered whether sovereign immunity applied. Salas v. City of New York, 174 A.D.3d 991 (2d Dep’t 2019)

by Stephen Bilkis

Salas v. City of New York involves the legal concept of sovereign immunity. The case is particularly relevant to individuals who seek damages from municipal corporations and highlights the importance of understanding the limitations of sovereign immunity.

Factual Background

The incident in question occurred on November 11, 2011, in the City of New York. The plaintiff, Ana Salas, was a passenger in a vehicle that was struck by a New York City Police Department (NYPD) vehicle driven by Officer Peter Agosto. The accident caused Salas to sustain serious injuries.

Published on: July 10, 2023

Court considered whether the doctrine of highway defect immunity applied to a wrongful death lawsuit against a municipality. Estate of Fuentes v. Town of Islip, 148 A.D.3d 845 (2d Dep’t 2017)

by Stephen Bilkis

The Estate of Fuentes v. Town of Islip addresses the issue of the responsibility of municipal corporations to maintain their roadways in a reasonably safe condition for the public.

Factual Background

The incident in question occurred on February 8, 2007, on Brentwood Road in the Town of Islip. The decedent, Luis Fuentes, was driving his vehicle when he struck a pothole and lost control of the vehicle, causing a fatal accident. The estate of Fuentes subsequently filed a lawsuit against the Town of Islip, alleging negligence in failing to maintain the roadway in a reasonably safe condition.

Published on: July 5, 2023

Court considered whether the City of New York had a duty to provide additional safety measures beyond those already in place in order to prevent pedestrian accidents. Brown v. City of New York, 945 N.Y.S.2d 390 (2d Dep’t 2012)

by Stephen Bilkis

Brown v. City of New York is a notable case in the field of municipal liability in New York. The case involved a tragic accident in which a young boy was struck and killed by a car while crossing the street in front of his school. The boy’s family filed a lawsuit against the City of New York, alleging that the city was negligent in failing to provide adequate safety measures to protect children crossing the street.

Factual Background

On the morning of February 28, 2007, Amar Diarrassouba, a six-year-old boy, was crossing the street in front of his school in Harlem when he was struck by a car and killed. The boy’s family filed a lawsuit against the City of New York, alleging that the city was negligent in failing to provide adequate safety measures for children crossing the street.

Published on: July 3, 2023

Appellate Division considered whether a social host who serves alcohol to an intoxicated person can be held liable for injuries caused by that person to a third party. Vincent v. John Doe #1, 640 N.Y.S.2d 864 (2d Dep’t 1996)

by Stephen Bilkis

In the case of Vincent v. John Doe #1, the New York Supreme Court, Appellate Division, Second Department, considered the issue of whether a social host who serves alcohol to an intoxicated person can be held liable for injuries caused by that person to a third party. The case has significant implications for the social host liability doctrine in New York.

Factual Background

The plaintiff, Charles Vincent, was a passenger in a car driven by his friend, John McLaughlin, who had been drinking at a party hosted by the defendant, John Doe #1. McLaughlin lost control of the car and crashed, causing Vincent to sustain serious injuries. Vincent filed a lawsuit against McLaughlin and Doe #1, alleging that Doe #1 had served alcohol to McLaughlin, knowing that he was already intoxicated, and was therefore responsible for the injuries sustained in the accident.

Published on: June 28, 2023

The Appellate Division considered whether a hospital can be held liable for injuries sustained by a patient who leaves the hospital against medical advice. Estate of Zani v. New York City Health & Hosps. Corp., 103 A.D.3d 590 (1st Dep’t 2013)

by Stephen Bilkis

In Estate of Zani v. New York City Health & Hosps. Corp., the New York Appellate Division addressed the issue of whether a hospital can be held liable for injuries sustained by a patient who leaves the hospital against medical advice. The case is significant because it clarifies the extent of a hospital’s duty to its patients and provides guidance on the circumstances under which a hospital can be held liable for injuries sustained by a patient. This blog post will provide an overview of the factual background, holding, and discussion of the case, before concluding with an analysis of its implications for hospital liability.

Factual Background

The plaintiff in Zani was the estate of a man who had been admitted to the hospital for treatment of alcohol withdrawal. The plaintiff alleged that the hospital was negligent in allowing the decedent to leave the hospital against medical advice and without proper precautions.

Published on: June 26, 2023

Court of Appeals considered whether plaintiff’s wrongful death claim was properly dismissed. Adames v. Sheepshead Bay Rd. R.R. Co., 303 N.Y. 208 (1951)

by Stephen Bilkis

In Adames v. Sheepshead Bay Rd. R.R. Co., the New York Court of Appeals addressed the issue of whether a common carrier can be held liable for injuries sustained by a passenger when the passenger voluntarily disembarks from the carrier’s vehicle before reaching their destination. The case is significant because it clarifies the scope of a common carrier’s duty to its passengers and provides guidance on the circumstances under which a carrier can be held liable for injuries sustained by a passenger.

Factual Background

The plaintiff in Adames was a passenger on a bus operated by the Sheepshead Bay Road Railroad Company. The bus was traveling along Ocean Parkway in Brooklyn when the plaintiff signaled the driver to stop so that he could disembark. The plaintiff exited the bus and began to walk across the street, but was struck by a passing car and sustained serious injuries.